Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Order of acquittal of accused - State Government had to direct public prosecutor to present an appeal to High Court - No averment in revision petition that revision has been filed by public prosecutor at the direction of State Government - Revision petition dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - When two Courts have appreciated deposition of PW2 and have found him to be trustworthy, High Court cannot re-appreciate evidence while exercising its jurisdiction u/ss 397, 401 Cr.P.C and substitute its own conclusion to one arrived at by Courts below - It cannot be said that appreciation of evidence by Courts..........
Criminal Procedure Code, 1973, Section 397, 401 -- Second revision petition - Earlier revision petition was withdrawn by petitioner without seeking permission to file fresh one - Second revision petition is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - Mere possession of deadly weapon does not satisfy statutory requirement, as it provides `uses any deadly weapon' u/s 397 IPC...........
Indian Penal Code, 1860, Section 397 -- Offence u/s 397 IPC - If weapon with which offender was armed was within vision so as to be capable of creating terror in the mind of victim, that would be sufficient to satisfy word `uses' for purpose of S.397 IPC - Accused rightly convicted...........
Indian Penal Code, 1860, Section 392, 397, Evidence Act, 1872, Section 9 -- Offence u/ss 392, 397 IPC - Test Identification Parade (TIP) - Incident took place in Feb 1997 and accused arrested in Sep 1997 - TIP was conducted in Oct 1997 - Investigating authority had no occasion to produce accused in TIP before his arrest - Moreover, accused was identified by PW3 in dock..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397, 412 -- Bail - On parity with co-accused - Offence u/ss 395, 397, 412 IPC - Co-accused already granted bail - Though accused has criminal history of three cases, but he enlarged on bail in two cases and in one case he is languishing in jail since 2012 - Bail granted to accused with..........
Criminal Procedure Code, 1973, Section 397, 125 -- Revisional jurisdiction - Maintenance to wife - Validity of marriage - Question whether wife is a married wife of husband, being pre-eminently questions of fact, cannot be re-opened in exercise of revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Rejection of an application u/s 311 Cr.P.C is an interlocutory order, against which revision is not maintainable as per S.397(2) Cr.P.C...........
