Criminal Procedure Code, 1973, Section 482 -- Recall of ex parte order - For seeking recall of an ex parte order passed in a revision, petitioner should approach same Court by filing an application for recall of order and a separate application u/s 482 Cr.P.C cannot be entertained for this purpose - Application dismissed...........
Criminal Procedure Code, 1973, Section 399, 482 -- Revision and Inherent jurisdiction - Scope - While exercising power u/Ss. 399, 482 Cr.P.C. Session Court and HC must delve into the material on record to assess what complainant has alleged and whether any offence is made out, even if allegations are accepted in toto...........
Criminal Procedure Code, 1973, Section 397, 401, 482 -- Revision - Re-appreciation of evidence - If trial Court and appellate Court has recorded finding of fact, question of re-appreciation of evidence by third Court does not arise unless it is found to be totally perverse...........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 19 -- Quashing of proceedings - Validity of sanction to prosecute - Inherent power u/s 482 Cr.P.C. invoked after dismissal of discharge application and consequent revision petition - Order quashing proceedings, on the ground that sanction to prosecute is illegal and invalid, set aside..........
Criminal Procedure Code, 1973, Section 482, 397 -- Application u/s 482 Cr.P.C - Availability of alternative remedy of criminal revision by itself is not a good ground to dismiss an application u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, 397 -- Application filed u/s 482 Cr.P.C - Dismissal on the ground that alternative remedy of revision is available - Approach of High Court cannot be appreciated - High Court can always convert a petition u/s 482 Cr.P.C to a revision u/s 397 Cr.P.C and vice versa...........
Criminal Procedure Code, 1973, Section 125, 482, Family Courts Act, 1984, Section 19 -- Maintenance - Order of maintenance passed by Family Court cannot be quashed u/s 482 Cr.P.C. as it is only Revision which lies thereagainst...........
Criminal Procedure Code, 1973, Section 482 -- Petition u/s 482 Cr.P.C - Maintainability - Filing of revision petition before Sessions Court not bars High Court from entertaining an application u/s 482 Cr.P.C invoking inherent jurisdiction for limited purpose of looking at it as to whether there has been miscarriage of justice or that ends of justice would be secured by..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 156(3) Cr.P.C. - Order to treat the same as complaint case - Not an interlocutory order - It is revision and not petition u/s 482 Cr.P.C. which is maintainable...........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Remedy of revision already availed - Petition u/s 482 Cr.P.C. thereafter amounts to second revision petition - No special circumstances exist to exercise inherent power u/s 482 Cr.P.C. - Petition dismissed...........
