Criminal Procedure Code, 1973, Section 397 -- Revision - Grounds on which revisional power u/s 397 Cr.P.C. can be exercised - Held, (a) where finding, sentence or order is illegal or improper and (b) where proceedings are irregular...........
Criminal Procedure Code, 1973, Section 197, 397(2), 482 -- Summoning order of respondent No.3- Stayed by Sessions Judge - Name of respondent No.3 in column who were not challaned which shows that no summoning order could have been passed against respondent No.3 as sanction was required to be taken - Held, summoning order rightly stayed - Interfere with said order not..........
Protection of Women from Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 397(1), 401, 482 -- Magistrate exercising power under Protection of Women from Domestic Violence Act - Inferior to the Court of Sessions and High Court - Judgment of Sessions Court in appeal is revisable by High Court in exercise of its revisional jurisdiction -..........
Criminal Procedure Code, 1973, Section 397,401 -- Cruelty by husband - Acquittal - Revision against - Power of revisional court - Held, this court while exercising its revisional jurisdiction is not supposed to usurp jurisdiction of an appellate court and re-appreciate evidence on record which is exclusive domain of appellate court - When it is found that learned trial..........
Criminal Procedure Code, 1973, Section 397,401, Prevention of Corruption Act, 1988, Section 19(3)(c) -- Case registered against petitioner, a public servant, under Corruption Act of possessing assets disproportionate to his known sources of income - Investigating agency submitted charge sheet after completion of investigation - Revision filed against order framing charge -..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Dismissal of criminal appeal for default - Challenge as to - Since appellant and his advocate were absent at the time of final hearing of criminal appeal, non bailable warrant was issued against the appellant/accused with notice to his surety - Appellate Court shall have taken necessary step to secure presence of..........
Criminal Procedure Code, 1973, Section 397, 401 -- Acquittal - Revision - Reversal into conviction - Legality of - Held, as per S.401(3) Cr.P.C. High Court has no power to convert finding of acquittal into one of conviction in a revision petition filed u/s 397 Cr.P.C. - Having regard to language employed in S.399(1) and (2) Cr.P.C. and limitations provided by S.401(2) to..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interlocutory order - Finding by Court that it has no jurisdiction and complaint returned for presentation before Court having jurisdiction - Held, such order cannot be termed as interlocutory...........
Essential Commodities Act, 1955, Section 6A, 6E, Criminal Procedure Code, 1973, Section 397 -- Release of vehicle - Revision - Application for release of vehicle rejected by Distt. Collector on ground that investigation is going on - Revision before Sessions Judge - Maintainability of - Held, Session Judge wrongly entertained revision petition u/s 397 Cr.P.C. - As per..........
Criminal Procedure Code, 1973, Section 482, 397 -- Court while exercising power u/s 482 or exercising revisional jurisdiction u/s 397 Cr.P.C. can look into uncontroverted documents, placed on record by accused, which on the face of it are beyond suspicion or doubt...........
