Criminal Procedure Code, 1973, Section 408, 409 -- Transfer of case - Powers of Sessions Court - Held, in any criminal revision, where grant of bail was challenged, Sessions Judge could not pass an order of transfer of case...........
Criminal Procedure Code, 1973, Section 311, 397(2) -- Order of rejection of application u/s 311 Cr.P.C - Held, it is an interlocutory order and hence revision is not maintainable...........
Criminal Procedure Code, 1973, Section 397, 401, Karnataka Forest Act, 1963, Section 71A -- Acquittal of accused in an offence under Forest Act - Revision - Filed by Authorised Officer - High Court dismissed same by holding that State is a necessary and proper party to file criminal revision and revision at the instance of Authorised Officer only is not maintainable -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4), 401(4) -- Dishonour of cheque - Complaint - Non appearance of complainant on date fixed for appearance of accused - Accused acquitted - Complainant had right to file special leave to appeal to High Court u/s 378(4) - No appeal filed - Revision is not maintainable before..........
Criminal Procedure Code, 1973, Section 397 -- Acquittal - Revision against - Specific notices were served on complainant and other witnesses for their appearance before CJM and they remained absent - Trial court closed prosecution evidence and on same date pronounced the judgment of acquittal - Held, approach of trial court does not appears to be illegal or perverse which..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Scope - Held, revisional jurisdiction cannot be exercised to substitute its own view with that of Magistrate on a question of fact - Unless finding of court below is shown to be perverse or untenable in law or is based on irrelevant evidence or ignoring relevant evidence it is impermissible to interfere with order of..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 362 -- Compounding of offence after verdict of conviction and sentence becomes final - In such a case High Court can exercise its power u/s 482 Cr.P.C. as also under Article 226 and 227 of Constitution - In such a case power u/s 482 Cr.P.C. can be invoked after disposal of..........
Criminal Procedure Code, 1973, Section 401 -- Revision - Conviction and sentence - Stay - High Court has power to suspend the sentence as well as the conviction...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Decided in absence of counsel - Appellant was diligently pursuing the remedy - Circumstances explained due to which counsel of appellant could not appear and that plea not disbelieved - Appellant not responsible for the delay in proceedings in any manner - Impugned order set aside and matter remitted for..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision against conviction - Revision dismissed after hearing counsel for State when non appeared for petitioner - Counsel who appeared for petitioner appointed counsel for State - Petitioner not having knowledge of such appointment - Impugned order set aside - Matter remitted to High Court for decision afresh...........
