Criminal Procedure Code, 1973, Section 397, 482 -- Revisional jurisdiction - Inherent powers - Exercise thereof - Held, except in interlocutory orders or second revision by same person, correctness, legality and propriety of impugned sentences or orders may be examined either by High Court or by Sessions Judge - Whereas u/s 482 of the Code, while exercising inherent..........
Criminal Procedure Code, 1973, Section 190 -- Order of cognizance - Not an interlocutory order...........
Criminal Procedure Code, 1973, Section 462 -- Bomb blast - FIR - Jurisdiction of court - Trial in wrong court - Held, S.462 of Code says that no finding, sentence or order of any criminal court shall be set-aside merely on ground that enquiry, trial or other proceedings in course of which it was arrived at or passed, took place in a wrong sessions division, district court,..........
Constitution of India, 1950, Article 20(2), Criminal Procedure Code, 1973, Section 300(1) -- Double jepardy - Appellant charged for importing Hashish from Nepal to India and then exporting the same out of India - Appellant was tried before District Court in USA for conspiracy to possess with intention to distribute controlled substances which is an offence u/s 846 of Title..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Withdrawal from testimony - Long history of enmity between the families of complainant and accused - At least seven persons from both sides murdered - Parties entering into compromise with intervention of 40 village Panchayats - Application to recall witness allowed for further cross examination in order..........
Criminal Procedure Code, 1973, Section 311 -- Recall of witness - Rejection of application - Order is not revisable - Order can be set aside under Article 227 of the Constitution of India...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of a person as additional accused - Examination in chief of complainant recorded, which in essence was repetition of allegations levelled in FIR - Without testing the complainant on the anvil of cross examination, court summoned a person as accused to stand trial on the basis of examination in chief of the complainant..........
Criminal Procedure Code, 1973, Section 362, 482 -- Bar of review u/s 362 of the Code - Petition filed u/s 362 Cr.P.C. for review of order and to quash the proceedings in the trial - Held, restriction against the use of review power or reviewing judgments or altering as embodied u/s 362 of the Code is applicable not only to Courts subordinate to the High Court but to the..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 11(2), Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction - Accused released on probation - Revision at instance of complaint who could have challenged impugned order by way of an appeal u/s 11(2) of Probation Act is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Magistrate allowing application u/s 156(3) Cr.P.C. directing investigation after registration of FIR - Revision against by prospective accused - Not maintainable - Prospective accused has no right to stop the registration of FIR by challenging the order passed by Magistrate u/s 156(3) Cr.P.C...........
