Criminal Procedure Code, 1973, Section 397, 401, 239 -- Revision - Locus standi - Order of discharge - Ordinarily, private party has no locus-standi to file revision, when State has not come forward in revision against an order of discharge, but when such order results in miscarriage of justice, private party or complainant in a case instituted on police report has right..........
Criminal Procedure Code, 1973, Section 397, 401, 239, Indian Penal Code, 1860, Section 353, 354 -- Revision - Order of discharge - Offence u/ss 353, 354 IPC - Victim/informant is aggrieved by impugned order of discharge of accused - Justice must appear to have been done - Victim should not be deprived of due hearing or her say - Impugned order of discharge set aside with..........
Criminal Procedure Code, 1973, Section 482, 397(3) -- Application u/s 482 Cr.P.C. - Maintainable, even if criminal revision filed by applicant is dismissed...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - While exercising revisional jurisdiction, Court is only to see procedural error, irregularity and no, appreciating and non application of law - Re-appreciation of evidence is not desirable under revisional jurisdiction...........
Criminal Procedure Code, 1973, Section 397, 401, 228 -- Revision - Order framing charge - It is an interlocutory order - Revision against same is not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Dismissal of appeal against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of a manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 406, 363 -- -Revision - Dismissal of appeal against acquittal - Offence u/ss 498-A, 406, 363 IPC - Appeal filed against judgment of acquittal after almost 2 years - No explanation given for such inordinate delay and petitioner was well versed with the progress of case - It is thus not a..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against acquittal - Revisional jurisdiction is to be exercised only in exceptional cases where interest of public justice require interference for correction of manifest illegality or prevention of gross miscarriage of justice...........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 498A, 323 -- Revision against acquittal - Cruelty - Trial Court made sincere endeavour to appreciate evidence which was available on record, while recording its finding favouring accused for extending benefit of doubt - First appellate Court examined entire evidence and concluded in clear and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
