Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order passed u/s 311 Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 201, 34, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 438, 442 -- Bail - It is well-settled that bail is the rule, and jail is the exception - When a revision application challenging the order of discharge is admitted for hearing, the High Court may exercise power under Section 390..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Scope of revision is quite restricted to the extent of examining the correctness, legality and propriety of impugned judgment and order - Appreciation of evidence is not done generally in such cases, unless finding is perverse or admissible evidence is ignored or inadmissible evidence is taken into..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Revision petition is not maintainable without filing certificate u/r 311(3) of Rules of High Court of Judicature of Rajasthan...........
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 397, 401 -- Revision - Revisional Court has no power to appreciate the evidence to substantiate its own view to differ from the finding of trial Court...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
Criminal Procedure Code, 1973, Section 397, 401, 216 -- Revision - Modification of charge - Dismissal of application - It is an interlocutory order - Revision thereagainst not maintainable...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397, 401 -- Order u/s 29 of PWDV Act - Revision - Maintainability - Person aggrieved by an order of Sessions Court u/s 29 of PWDV Act can prefer a criminal revision petition, as procedure prescribed for an application u/s 12 of PWDV Act is as per Cr.P.C and appeal..........
