Criminal Procedure Code, 1973, Section 397 -- Private complaint - Revisional Court directing Magistrate to take cognizance of offence - Such direction is in the nature of putting impediment in judicial discretion exercised by Magistrate - Order held, not proper - Matter remitted back to Magistrate to make further inquiry into complaint and proceed further...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Power of High Court - Inherent as well as revisional jurisdiction should be exercised cautiously - Normally, revisional jurisdiction should be exercised on a question of law - However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding...........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 25(1B)(a), (f) -- Inherent jurisdiction of High Court - High Court quashing charge sheet u/s.482 Cr.P.C. - Legality - Accused persons/crew members allegedly possessing unlicensed and unauthorized arms/ammunition on vessel - Material questions involved in instant case could be answered only with aid of..........
Criminal Procedure Code, 1973, Section 482, 397, Arms Act, 1959, Section 45(a), 25(1B)(a), (f) -- Inherent jurisdiction of High Court - Order of High Court u/s.482 Cr.P.C. that Arms Act not applicable in present case as per S.45(a) of Arms Act - Legality - Accused persons/crew members possessing unlicensed and unauthorized arms/ammunition on vessel - High Court arriving at..........
Constitution of India, 1950, Article 32, 161, 14, 21, High Court of Jharkhand Rules, 2001, Rule 159, Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction and sentence - Constitutional validity of - Generally a revision against conviction and sentence is filed after an appeal is dismissed and the convicted person is taken into custody in Court..........
Criminal Procedure Code, 1973, Section 173(2), 397, 398, 399, 400, 401 -- Police report - Magistrate went through the entire records of case not limiting to police report and passed a reasoned order that it is not fit case to take cognizance for purpose of issuing process - Unless order passed by Magistrate is perverse or view taken by Court is wholly unreasonable,..........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - An order of Magistrate rejecting an application u/s 156(3) Cr.P.C. for a direction to police to register and investigate, is not an interlocutory order - Such an order affects the valuable rights of complainant and is a matter of moment - Access to remedy of..........
Criminal Procedure Code, 1973, Section 397(2) -- Term `interlocutory order' - An order which deals with matters of moment and which affects or adjudicates upon rights or a particular aspect of trial is not an interlocutory order so as to be outside the pale of revision...........
Criminal Procedure Code, 1973, Section 156(3), 397 -- Rejection of application u/s 156(3) Cr.P.C. - Revision - A prospective accused is entitled to be heard in revision u/s 397 Cr.P.C. against an order rejecting application u/s 156(3) Cr.P.C. - Fact that in the event of remand by revisional Court to Magistrate, for fresh consideration of an application u/s 156(3) Cr.P.C...........
Protection of Women From Domestic Violence Act, 2005, Section 29, Criminal Procedure Code, 1973, Section 397(2), Family Courts Act, 1984, Section 19(1) -- Interlocutory order - Appeal against - Purely interlocutory orders which do not substantially affect or determine the rights and liabilities of the parties, shall not be appealable within the meaning of S.29 of the Act..........
