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..........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - When two Courts have appreciated deposition of PW2 and have found him to be trustworthy, High Court cannot re-appreciate evidence while exercising its jurisdiction u/ss 397, 401 Cr.P.C and substitute its own conclusion to one arrived at by Courts below - It cannot be said that appreciation of evidence by Courts..........
Criminal Procedure Code, 1973, Section 397, 401 -- Second revision petition - Earlier revision petition was withdrawn by petitioner without seeking permission to file fresh one - Second revision petition is not maintainable...........
Criminal Procedure Code, 1973, Section 156(3), 397(2) -- Order u/s 156(3) Cr.P.C. directing police to register and investigate a cognizable offence - Not open to revision at the instance of a person against whom neither cognizance has been taken nor any process issued - Moreso such an order is an interlocutory order and remedy of revision is barred u/s 397(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Revision against - High Court in its revisional jurisdiction did not examine the correctness of summoning order rather dismissed revision on basis of subsequent fact - Subsequent proceeding in no manner can be a ground not to consider correctness and validity of summoning order - High Court completely erred..........
Criminal Procedure Code, 1973, Section 201, 401 -- Complaint - Returned for presentation to proper Court - In a revision filed against such order there is no necessity to give proposed accused person any opportunity of hearing, as this situation is not covered u/s 401(2) Cr.P.C...........
