Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Quashing - Petition u/s 482 Cr.P.C. is maintainable even when remedy provided for filing criminal revision is not availed...........
Criminal Procedure Code, 1973, Section 451, 482 -- Release of seized property - Release of currency notes during pendency of trial - Provision of S.451 Cr.P.C., is clearly applicable - Order passed u/s 451 Cr.P.C. is revisable one - Since applicant approached Court directly without availing statutory remedy of filing revision, Court does not find any ground to invoke..........
Indian Penal Code, 1860, Section 323, 147, 149, Probation of Offenders Act, 1958, Section 4, 6 -- Voluntarily causing hurt - Probation - Appellate Court failed to record reasons as to why probation was not granted to accused persons - Revisionist is poor man and aged about more than 60 years whereas other accused are above 50 years - There is no impediment to release..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 40 days - Even if explanation furnished by petitioner was not satisfactory even then delay should have been condoned after imposing costs as there was no mala fide on part of petitioner and reason for not filing revision within time was also explained...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C. can be exercised even before cross-examination of witnesses - A person not named in FIR or a person though named in FIR but not charge-sheeted or a person who has been discharged can be summoned u/s 319 Cr.P.C. provided from evidence it appears that such person can be tried along..........
Civil Procedure Code, 1908, Section 151 -- Order of status quo - Police help - Can be granted in a case where trial Court passes order of injunction and in revision petition order of status quo is passed - The facts of the case are clearly distinguishable from a case in which trial court passes order of status quo which means that trial Court is not sure which party is in..........
Indian Penal Code, 1860, Section 323, 452, 506, Criminal Procedure Code, 1973, Section 401 -- Offence u/ss 323, 452 & 506 IPC - Revision against acquittal - Where both the Courts below appreciated evidence in right perspective and recorded concurrent findings of fact that evidence of prosecution on record does not prove the charge and correctly acquitted the accused, such..........
