Criminal Procedure Code, 1973, Section 397(1), 401 -- Revision - Proceedings under Protection of Women from Domestic Violence Act, 2005 - There is no specific provision relating to preferring a revision petition in High Court against order of Appellate Court in proceedings under 2005 Act - But where there is grave miscarriage of justice or abuse of process of Court or..........
Criminal Procedure Code, 1973, Section 427 -- Scope - Appellate Court and Revisional Court are empowered to pass order u/s 427 Cr.P.C., as appeal and revision are extension of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Revision - Accused discharged on the basis of evidence of witnesses in earlier trial relating to same case, where they all turned hostile - Evidence of witnesses adduced before competent Court has more value than evidence given before I.O, which is not even on oath - Moreover, where trial Court found that earlier..........
Criminal Procedure Code, 1973, Section 211, 397, 401 -- Charge - Points raised in revision not raised in trial Court - Plea regarding illegality in taking cognizance on the basis of charge sheet filed by police taken for the first time in revision - Petitioner to raise the issue before trial Court and trial Court to pass an appropriate order thereupon...........
Criminal Procedure Code, 1973, Section 320 -- Compounding of offence - Where offences are compoundable and case is committed for trial or accused is convicted and appeal against conviction is pending, compounding can be allowed with leave of Court - According to S.320(6) Cr.P.C, High Court or Court of Session in exercise of its power of revision u/s 401 may allow any..........
Criminal Procedure Code, 1973, Section 203 -- Complaint - Dismissal by holding that dispute revolves round sale deed of alleged land of complainant for which complainant may initiate civil proceedings - As alleged sale deed has not been cancelled by any Court of competent jurisdiction, thus, no occasion arises to summon accused on any of offences - Complaint case rightly..........
Indian Penal Code, 1860, Section 323, 504, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), Criminal Procedure Code, 1973, Section 468 -- Order taking cognizance - Bar of limitation - Order specifically mentioned that delay in lodging FIR has been explained - Moreover, offence u/s 3(1)(x) of SC/ST Act, punishable with..........
Criminal Procedure Code, 1973, Section 182(2), Indian Penal Code, 1860, Section 494, 109 -- Offence u/ss 494, 109 - Jurisdiction - Objection as to jurisdiction - Where main accused does not made any endeavour to question the impugned order of framing charge and dismissal of revision against the same, objection as to jurisdiction on behalf of co-accused is wholly untenable...........
Criminal Procedure Code, 1973, Section 397, Evidence Act, 1872, Section 3 -- Revisional jurisdiction - Re-appreciation of evidence - High Court in revision cannot in absence or error on a point of law, re-appreciate evidence and reverse a finding of law...........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
