Criminal Procedure Code, 1973, Section 256, 397 -- Complaint - Absence of complainant - Dismissal of complaint - Since order results in acquittal of accused, appeal and not revision lies - Impugned order passed in revision by Sessions Court restoring complaint is liable to be set aside...........
Criminal Procedure Code, 1973, Section 340 -- Order u/s 340 Cr.P.C. - No revision lies against such an order...........
Criminal Procedure Code, 1973, Section 401, 397 -- Revision - Court has jurisdiction to appreciate evidence afresh if finding is based on no evidence or misreading of evidence or because of perversity in the finding recorded by lower Court...........
Criminal Procedure Code, 1973, Section 156(3), 190 -- Application u/s 156(3) - Rejection by Magistrate - Sessions Judge in revision directed Magistrate to pass appropriate order directing police to register and investigate the case - Order upheld...........
Criminal Procedure Code, 1973, Section 397(2) -- Defence witnesses - Refusal to examine all the witnesses - Order is not interlocutory - It is intermediate or quasi-final - Revision lies against the order...........
Criminal Procedure Code, 1973, Section 397, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3, 6 -- Revision against order passed by a Magistrate under Muslim Women (Protection of Rights on Divorce) Act is maintainable before Sessions Judge...........
Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - Framing of - Revision against - If two views are possible then one favouring prosecution has to be taken if evidence collected gives rise to grave suspicion - No ground to interfere if trial Court on basis of evidence finds that accused appears to be connected with offence - Revisional powers cannot be..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Interference only when Court concerned has committed an illegality or material irregularity or impropriety in passing the impugned judgment and order - If the impugned order apparently is presentable, without any such infirmity which may render it completely perverse or unacceptable and when there is no failure of..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Direction for writing a fresh judgment - Held, it is rather a significant departure in the normal disposal of revisional application...........
Criminal Procedure Code, 1973, Section 239, 240, 397(2) -- Charge - Framing of charge is not an interlocutory order as it affects material rights of the parties - Revision is maintainable...........
