Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Disposing of application without issuance of notice to the appellants - Appellants prejudiced by the impugned order - Impugned order set aside - Matter remitted to High Court for decision afresh...........
Criminal Procedure Code, 1973, Section 295, 397 -- Exemption from personal appearance - Rejection of application - Revision against - Held, maintainable...........
Criminal Procedure Code, 1973, Section 397(2), 91, 311 -- Application to produce certain documents and application for recall of complainant for cross examination - Trial Court dismissed both the applications - High Court in revision allowed the same - Held, revision against interlocutory orders is not maintainable - Secondly before allowing application of accused notice..........
Criminal Procedure Code, 1973, Section 397(2), 439 -- Cancellation of bail - Application for - Dismissal thereof - Revision - Petition for cancellation of bail was finally decided by learned Sessions Judge and same was dismissed - Revision thereagainst - Maintainability - Held, this order of learned Sessions Judge with regard to prayer of canceling bail, already granted by..........
Criminal Procedure Code, 1973, Section 156(3), 397, 362 -- High Court in a revision remitted the matter for decision afresh in accordance with observations made - Proposed accused seeking modification of the order as the same was passed without a hearing given to him - Held, Court which signed its judgment or final order disposing of the case is not empowered to alter or..........
Criminal Procedure Code, 1973, Section 399, Indian Penal Code, 1860, Section 413, 414 -- Revision against order accepting final report submitted by police - Revisional Court did not issue notice to appellant - Revision petition belated - No condonation application filed - Revision admitted exparte - Impugned order set aside - Matter remitted back to High Court to consider..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Magistrate allowing application u/s 156(3) Cr.P.C. directing investigation after registration of FIR - Revision against by prospective accused - Not maintainable - Prospective accused has no right to stop the registration of FIR by challenging the order passed by Magistrate u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 156(3), 397, 482 -- Registration of FIR - Order of Magistrate - Challenge thereto - Held, accused has no right to challenge an order passed u/s 156(3) Cr.P.C. at pre-cognizance stage by a Magistrate and no revision lay against such an order at the instance of accused u/s 397(1) Cr.P.C. being barred by S.397(2) Cr.P.C. nor at his..........
Criminal Procedure Code, 1973, Section 378, 401 -- Revisional jurisdiction - Case instituted on FIR - Trial Court acquitted the accused - Defacto complainant filed revision as he had no right of appeal - Held, that revisional court cannot convert itself into a regular court of appeal - Revisional jurisdiction can be exercised sparingly and only in exceptional cases -..........
Criminal Procedure Code, 1973, Section 125, 494 -- Maintenance - Revision against order declining maintenance - High Court found that appellant had undergone a second marriage and was liable for an offence u/s 494 IPC - Since appellant was a Govt. servant, High Court directed his department to initiate disciplinary proceedings against him - Held, that while exercising..........
