Criminal Procedure Code, 1973, Section 173, 401, 482 -- Police submitted report u/s 173 - Finding of Magistrate that no offence is made out and discharged the accused - Order of discharge upheld in revision - No ground to interfere - Once opinion framed by Magistrate is upheld in revision then there is no reason to take a different view and set aside the order in exercise..........
Criminal Procedure Code, 1973, Section 397(2) -- Revision - Summoning order - An order summoning an accused is not an interlocutory order - Bar created by Section 397(2) would not operate...........
Criminal Procedure Code, 1973, Section 320(2, 320(8), Indian Penal Code, 1860, Section 323, 325 -- Compounding of offence - Can be allowed before judgment of conviction - After passing of judgment of conviction, compounding of offence cannot be permitted and Court has to pass order regarding sentence - However, if order of conviction and sentence is challenged in appeal or..........
Criminal Procedure Code, 1973, Section 227 -- Charge - Revision against - Petitioner charged under Sections 304-B and 498-A - Wife of petitioner committed suicide leaving suicide note and letters completely exonerating the petitioners - It is a case of innocence and not of guilt of the petitioners - Even at the stage of charge court has power to sift and weigh the evidence..........
Indian Penal Code, 1860, Section 304B, 498A -- Acquittal - Revision against - At the instance of complainant - In absence of legal infirmity either in the procedure or in the conduct of trial, there is no justification for the High Court to interfere in its revisional jurisdiction - High Court should not reappreciate evidence to reach a finding different from the trial..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Cashier Co-operative Society embezzled Rs.18,294/- and convicted under section 409 IPC - Period of trial, appeal and revision stretched to 24 years - Sentence reduced from 3 years to already undergone (2 months) - Accused directed to deposit a sum of Rs.90,000/- over..........
Criminal Procedure Code, 1973, Section 311, 397(2), 401 -- Recall of a witness - Refusal - Order is an interlocutory order - Revision against - Not maintainable...........
Criminal Procedure Code, 1973, Section 133 -- Public nuisance - Magistrate satisfied that installation of grinder for grinding spices and expeller for extracting oil causing discomfort to public - Magistrate ordered closure of use of said machines - No interference in revision...........
Criminal Procedure Code, 1973, Section 378 -- Acquittal - Revision against - High Court should not re-appreciate the evidence to reach a finding different from the trial Court - In the absence of manifest illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in such cases is not warranted...........
Criminal Procedure Code, 1973, Section 378 -- Revision against acquittal at the instance of third party - Court exercises only limited jurisdiction and should not constitute itself into an appellate Court which has a much wider jurisdiction to go into questions of facts and law and to convert an order of acquittal into one of conviction...........
