Criminal Procedure Code, 1973, Section 401 -- Revision against acquittal - Where under Cr.P.C appeal lies but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per S.401(5) Cr.P.C - However, subject to High Court being..........
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..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Complainant cannot be a party to revision petition, but can be a witness to proceedings and can at best assist prosecution and participate through learned APP for State, as expression `other person' u/s 401(2) of the Act does not include a complainant in revision, as other person is either accused or a person..........
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 439, 167(2)(a)(i) -- Second bail application - Maintainability - First bail application u/s 167(2)(a)(i) Cr.P.C is rejected by Magistrate - Revision would lie before District Judge against such an order passed u/s 167(2)(a)(i) Cr.P.C - Application u/s 439 Cr.P.C would not be maintainable against such an order - Second bail application..........
Criminal Procedure Code, 1973, Section 111 -- Preliminary order u/s 111 Cr.P.C - Without giving reasonable opportunity to petitioner - Petitioner is a History Sheeted Rowdy and he breached the conditions and committed the offence u/ss 204(b), 323, 341, 506(2) IPC - Even, after executing bond, petitioner involved in another criminal case - Magistrate after conducting..........
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 239 -- Discharge - High Court committed error by not entertaining revision petition against order rejecting discharge application, on merits and overlooking fact that discharge is a valuable right provided to accused - High Court and Court below have not examined fairness of criminal investigation in the case and other related aspects..........
