Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 147, 148, 447, 323, 307, 302 -- Bail - Offence under Sections 147, 148, 447, 323, 307 and 302 IPC - Bail application opposed by complainant on ground that one of accused petitioner instigated other co-accused to kill deceased and other injured persons of complainant party and another accused..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), Criminal Procedure Code, 1973, Section 378(3), 397, Indian Penal Code, 1860, Section 302 -- Appeal against acquittal - Murder case - State filed application before High Court for grant of leave to file appeal - Private party filed revision against judgment of acquittal - High Court..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 307, 452, 495A, 504, 506, 148, Dowry Prohibition Act, 1961, Section 3, 4 -- Application u/s 156(3) Cr.P.C. allowed and police directed to register and investigate the case u/ss 147, 148, 323, 504, 506, 307, 452, 495-A IPC and Ss.3/4 Dowry Prohibition Act - Revision against - Dowry demand not..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Compounding of offence under Section 138 NI Act can be done during trial of case as well as by the High Court or Court or Session while acting in exercise of its power of revision under Section..........
Criminal Procedure Code, 1973, Section 311 -- Indian Penal Code, 1860, Sections 302, 201 and 120-B - Re-examination of witnesses - Allowed by Sessions Judge - Revision - It is necessary for prosecution to disclose grounds on which witnesses were sought to be re-examined - Impugned order did not disclose any cogent reason for re-examination of witnesses - Held, that in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Revision - Every error is not justification for invoking revisional powers - Unless the alleged infraction of procedure resulted in miscarriage of justice, revisional jurisdiction cannot be invoked...........
Criminal Procedure Code, 1973, Section 482 -- Inherent jurisdiction - Exercise of, while dealing with appeal or revision - High Court can exercise its inherent power while exercising its revisional or appellate power - Exercise of inherent power can be both in relation to substantive as also procedural matters...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Conviction u/s 138 NI Act - Death during pendency of revision - Held, even after the death of the accused who is the revision petitioner the revision petition survives and Court can pass appropriate orders with regard to the sentence of fine...........
Criminal Procedure Code, 1973, Section 133, 397(3), 482 -- Second revision - Power under Section 482 Cr.P.C. has to be exercised sparingly and such power not to be utilized as a substitute for second revision - Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before..........
Criminal Procedure Code, 1973, Section 239, 240, 397 -- Framing of charge - Challenge as to - By filing revision - Examination of record by revisional Court as if it would determine the issue after leading evidence and in a trial - He has also weighed the correctness of the allegations made in the FIR and the statements under Section 161 Cr.P.C. to arrive at a conclusion..........
