Jammu and Kashmir Criminal Procedure Code, 1989, Section 435, 561A - - Amendment barring second revision - Retrospective effect - Held, no second criminal revision would be maintainable either before High Court or Sessions Court and amendment affects pending second revisions as well before High Court and Sessions Court...........
Criminal Procedure Code, 1973, Section 397, 482 -- Second revision - Held, that inspite of the fact that a second revision is barred u/s 397 Cr.P.C. the High Court can exercise power u/s 482 Cr.P.C. where there is serious miscarriage of justice and abuse of process of Court or where mandatory provisions of law have not been complied with...........
Indian Penal Code, 1860, Section 148, 149, 120B, 500, 506, Criminal Procedure Code, 1973, Section 203, 245, 255, 378 -- Appeal against acquittal - Magistrate discharged accused as there was not sufficient material to frame charge against them - Revision against - Order for framing of charge passed - Held, that trial Court cannot pass an order of discharge in a summons case..........
Criminal Procedure Code, 1973, Section 203, 204(4), 398 -- Proviso to S.398 Cr.P.C. provides that the Court shall not make any direction for enquiry into the case of a person who has been discharged unless such person has been given an opportunity of being heard - This proviso is not applicable when complaint was dismissed u/s 203 or 204(4) Cr.P.C. - Revision dismissed...........
Criminal Procedure Code, 1973, Section 397 -- Revision against summoning order - Not maintainable - Only remedy available to accused against summoning order is to invoke the jurisdiction of High Court u/s 482 Cr.P.C...........
Criminal Procedure Code, 1973, Section 401 -- Revision - Delay in filing - Condonation of - Revision petition was filed with a delay of 30 days - An application u/s 5 of Limitation Act has been preferred for condonation of delay contending therein that petitioner is in jail during course of trial of case, therefore, he could not prefer revision petition under prescribed..........
Criminal Procedure Code, 1973, Section 389 -- Conviction - Revision - High Court has same power to suspend the sentence as well as conviction as being exercised by Appellate Court u/s 389 Cr.P.C...........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 406, 498A -- Conviction u/s 406 and 498-A IPC - Revision against - Accused in Govt. service - No moral turpitude involved - Conviction stayed during pendency of revision to save dismissal from service...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - High Court dismissed the revision petition without passing a speaking order - Held, that failure to give reasons amount to denial of justice and violation of principles of natural justice - Order of High Court set aside - Case remanded...........
Criminal Procedure Code, 1973, Section 397(2), Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, Section 4(1), 4(2), 4(3), 6, 29 -- Rule No.9 (4), (6) & Rule 10 - Summoning order for offence under Pre-Natal Diagnostic Act - Order challenged in revision in Sessions Court - Revision dismissed by holding that impugned order is interlocutory in..........
