Criminal Procedure Code, 1973, Section 397 -- Revision - Order dismissing application of accused to adduce defence witness - Said order is not interlocutory order, as it is a final order by which further right of accused to adduce further evidence has been finally closed - Revision against such an order is maintainable...........
Criminal Procedure Code, 1973, Section 125, 397, 401 -- Interim maintenance - Revision - Scope is restricted to the extent of examining legality, correctness and propriety of impugned judgment and order...........
Criminal Procedure Code, 1973, Section 397 -- Revision - No requirement of surrendering of accused before Court and to be confined or in jail for preferring revision before High Court...........
Criminal Procedure Code, 1973, Section 397 -- Revision - Factual aspects may not be considered at the stage of revision...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Court exercising revisional jurisdiction should be loath in interfering with the findings of Courts below, unless there are glaring illegalities or improprieties committed by such Courts - As regards appreciation of evidence, it is not possible to unsettle findings of Courts below, unless it is shown that there..........
Criminal Procedure Code, 1973, Section 397, 372 -- Conversion of revision into appeal - Order of acquittal - Appeal u/s 372 Proviso Cr.P.C can be preferred against judgment of acquittal only if such judgment was passed on or after 31.12.2009 i.e when Proviso to S.372 Cr.P.C has come into force - In the instant case, since offence has been committed prior to 31.12.2009 and..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - If there is non consideration of any relevant materials, which would go to the root of the matter or any fundamental violation of the principle of law, then only power of revision is available...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 397 -- Dishonour of cheque - Revision against conviction - Suspension of sentence during pendency of revision - Hearing of revision is likely to take time - Defects of prosecution as the same may put an adverse effect on hearing of revision - Without passing any comments on niceties..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - State filed appeal and accused was convicted and benefit of probation was granted - Complainant never challenged the order of acquittal - Revision petition by complainant for inadequate sentence is neither legal not proper - Revision petition dismissed...........