Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Accused himself challenged the order framing charge in revision - Now, he cannot be permitted to say that revision was not maintainable - Even otherwise, if facts have been already considered in a legal proceedings which has attained finality, same issue may not be permitted to be agitated at..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - If findings in judgments under revision have been arrived at by ignoring or excluding relevant materials, or by taking into consideration irrelevant/inadmissible materials or entire approach of Court in dealing with evidence is patently illegal, leading to miscarriage of justice, nothing prevents High Court from..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Condition of pre-deposit of fine amount - Cannot be imposed by High Court for purpose of hearing revision petition filed by accused...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Maintainability - Order of acquittal of accused - State Government had to direct public prosecutor to present an appeal to High Court - No averment in revision petition that revision has been filed by public prosecutor at the direction of State Government - Revision petition dismissed being not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - When two Courts have appreciated deposition of PW2 and have found him to be trustworthy, High Court cannot re-appreciate evidence while exercising its jurisdiction u/ss 397, 401 Cr.P.C and substitute its own conclusion to one arrived at by Courts below - It cannot be said that appreciation of evidence by Courts..........
Criminal Procedure Code, 1973, Section 397, 401 -- Second revision petition - Earlier revision petition was withdrawn by petitioner without seeking permission to file fresh one - Second revision petition is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Rejection of an application u/s 311 Cr.P.C is an interlocutory order, against which revision is not maintainable as per S.397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 397, 311 -- Revision - Order rejecting application u/s 311 Cr.P.C - Do not decide anything finally or results into culminating main proceeding of case - Said order cannot be construed as an order which is a matter of movement or as an intermediate or quasi final order - Revision against such an order is not maintainable...........
Criminal Procedure Code, 1973, Section 311, 397 -- Revision - Not maintainable against an order rejecting application u/s 311 Cr.P.C, as it is an interlocutory order...........
