Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While exercising revisional jurisdiction, Court is only to see procedural error, irregularity and no, appreciating and non application of law - Re-appreciation of evidence is not desirable under revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Order framing charge - It is an interlocutory order - Revision against same is not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Dismissal of appeal against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of a manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 323 -- Revision against acquittal - Cruelty - Trial Court made sincere endeavour to appreciate evidence which was available on record, while recording its finding favouring accused for extending benefit of doubt - First appellate Court examined entire evidence and concluded in clear and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
Criminal Procedure Code, 1973, Section 2(d), 397 -- Dismissal of complaint - Merely on the ground that complainant has not been able to furnish correct address of accused, is one passed without jurisdiction and amounts to an order of finality - Said order is revisable in terms of S.397 Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 401, 319 -- Revision - Dismissal of application u/s 319 Cr.P.C.- Revisional Court while remanding the matter back to trial Court exceeded its jurisdiction by issuing directions to trial Court to take cognizance against petitioners - As a matter of fact, if revisional Court found the order of trial Court laconic, it ought to have..........
Criminal Procedure Code, 1973, Section 386, 397, 401 -- Appeal against conviction - Withdrawal of appeal - Show cause notice issued to accused for enhancement of sentence - Accused cannot be permitted to withdraw appeal after issuance of show cause notice...........