Criminal Procedure Code, 1973, Section 319, 397, 399, 401 -- Order passed u/s 319 Cr.P.C. refusing to summon additional accused - Not an interlocutory order - Order can be assailed by way of revision...........
Criminal Procedure Code, 1973, Section 397, 399, 401 -- Revision - High Court can call for the records of any criminal court and examine the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceeding of such inferior Court - However, sub-section (2) of S.397 puts a restriction on exercise of such..........
Criminal Procedure Code, 1973, Section 319, 397, 401, 482 -- Order passed u/s 319 Cr.P.C. - Challenge thereto by way of revision or by way of a petition u/s 482 Cr.P.C. - Notice and opportunity of hearing - Held, notice and opportunity of hearing to the person in whose favour some right accrued by virtue or order passed by trial court has to be given...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Suit for declaration and permanent injunction - Compromise decree - Execution petition filed by decree holder U.O.21.R.32 alleging that judgment debtor willfully disobeyed terms of compromise and Court orders - No specific averments made to show violation of compromise decree - Held, mere filing of two..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Maintainability - Petitioner has lost his son for alleged incident of murder - He is real victim - Held, when a victim has right to prefer an appeal against order of conviction with lesser punishment or acquittal, then why a victim like petitioner should not be allowed to prefer revision petition against order..........
Criminal Procedure Code, 1973, Section 340, 195 -- Civil Court refusing to file complaint u/s 340 r/w S.195 Cr.P.C. - Aggrieved party can file appeal only to the appellate Court in the civil side and not to the appellate Court in the criminal side - Criminal revision, held, not maintainable...........
Constitution of India, 1950, Article 142 -- Criminal Proceedings - Quashing of - Suppression of material facts - Restoration of trial - Respondent was fully aware about fact that charges had been framed against him by trial Judge - Yet he did not bring same to notice of revisional Court hearing revision against order taking cognizance - Held, it is a clear case of..........
Criminal Procedure Code, 1973, Section 482, 397 -- Charge - Not an interlocutory order - Revision not maintainable - Petition u/s 482 Cr.P.C. is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(1) -- Dishonour of cheque - Appeal against conviction dismissed - Revision petition still pending and is likely to take time - Petitioner seeking suspension of sentence during revision - Maintainability - Petition allowed - Sentence suspended subject to payment of cheque amount...........
Protection of Women From Domestic Violence Act, 2005, Section 12, 29, Criminal Procedure Code, 1973, Section 401 -- Order passed by Magistrate excluding opposite party Nos.1 to 4 from category of respondents on ground that they being women relatives of husband of petitioner, thus, they cannot be added as respondents - Revision against - Maintainability - Held, impugned..........
