Criminal Procedure Code, 1973, Section 482, 397(3) -- Second revision petition - Concurrent findings of two Courts below cannot be interfered u/s 482 Cr.P.C in absence of any perversity and petitioners cannot be allowed to initiate a second revision petition in the garb of S.482 Cr.P.C...........
Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25, Criminal Procedure Code, 1973, Section 319, 173 -- Attempt to murder - Summoning of petitioner to appear before Court as accused - Revision petition - Contention of petitioner that supplementary report u/s.173(8) Cr.P.C. has not been submitted and so order of summons being premature - Complainant shot by..........
Criminal Procedure Code, 1973, Section 482 -- Alteration of sentence - Where High Court had disposed of revision petition, upheld conviction, reduced sentence to period already undergone and enhanced fine, it became functus officio and as such, it could not have entertained petition u/s 482 Cr.P.C for altering sentence...........
Criminal Procedure Code, 1973, Section 482, 437(2) -- Petition u/s 482 Cr.P.C - Maintainability - Order of re-arrest of accused u/s 437(2) Cr.P.C - Order passed is a final order and revision can be filed u/s 397 Cr.P.C against such order - Since decision arrived by Magistrate qua said order is purely question of law, petition filed u/s 482 Cr.P.C is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Criminal Procedure Code, 1973, Section 238, 239, 241, Indian Penal Code, 1860, Section 454, 380, 34 -- Conviction on plea of guilt - Non-compliance of provisions of Ss.239, 240 Cr.P.C - Offence u/ss 454, 380, 34 IPC - Procedures prescribed by Ss.239, 240 Cr.P.C i.e consideration by Magistrate of police report and matter submitted before it and an opinion formed that charge..........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Quashing of order - Order taking cognizance of offences and starting evidence of petitioner passed by Magistrate - Petitioner challenged the order by way of revision petition before Court of Session - After dismissal of the same, petitioner challenged the correctness, legality and propriety of said u/s 482 Cr.P.C. -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Petition u/s 482 Cr.P.C - Petitioner already availed remedy of revision - She cannot be permitted to take recourse to S.482 Cr.P.C - Petition dismissed...........
Criminal Procedure Code, 1973, Section 397 -- Revision - High Court dismissed revision petition on the ground that there are concurrent powers of revision vested with both High Court and Sessions Court, thus petitioner has to approach Sessions Court first - However, keeping in view the fact that matter is pending for the last 16 years, it is not appropriate to decide..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Public Prosecutor had not applied his mind but had only placed Government notification on record - Public Prosecutor acted like a post office and Magistrate by allowing the application u/s 321 Cr.P.C has passed an order not within parameters of S.321 Cr.P.C - High Court in revision petition..........
