CrPC 397(2) - Revision Not Exercised in Any Interlocutory Order Archives - Shades of Knife

Union of India and Anr Vs W.N.Chadha on 17 Dec 1992

ShadesOfKnife — Sat, 04 Mar 2023 11:47:17 +0000

A Division bench of the Apex Court held as follows, From Para 91, 91. More so, the accused has no right to have any say as regards the manner and method of investigation. Save under certain exceptions under the entire scheme of the Code, the accused has no participation as a matter of right during […]

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Manoj Kumar Vs State (NCT of Delhi) on 17 Mar 2018

ShadesOfKnife — Mon, 04 Jul 2022 19:00:19 +0000

A District Court in Delhi passed this detailed Judgment, relying on earlier Madras HC judgment here. From Para 7, At this juncture, reference may be made to Saleem P.A. etc. v. State reported as (1994) 2 LW (Crl.) 402, which is relevant for the present purpose. Paragraph 24 thereof is reproduced as under: “ 24. […]

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P.A.Saleem Vs State of Madras on 13 Jul 1994

ShadesOfKnife — Mon, 04 Jul 2022 18:41:59 +0000

Madras High Court held that, Dismissal of NBW Cancellation is not Interlocutory so Revision is Maintainable u/s 397 CrPC. (24) In view of the discussions as above, the following positions emerge: (1) issuance of a warrant of arrest by a court under this code shall remain in force beyond the date fixed for its return, […]

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Girish Kumar Suneja Vs CBI on 13 Jul 2017

ShadesOfKnife — Sun, 13 Dec 2020 11:02:15 +0000

Supreme Court held that all those Order of a Trial Court which terminate the proceedings are not interlocutory Order but are intermediate orders in nature so such Orders are not prohibited in Revision at Session or High Courts. From Para 16, 17 and 18, 16. While the text of sub-section (1) of Section 397 of […]

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CrPC 397 – Calling for records to exercise powers of revision

ShadesOfKnife — Sun, 13 Dec 2020 10:16:45 +0000

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as […]

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MS. Bhaskar Industries Ltd Vs MS. Bhiwani Denim and Apparels Ltd and Ors on 27 August 2001

ShadesOfKnife — Sat, 07 Mar 2020 06:04:15 +0000

Supreme Court held the scope of 205 CrPC in this judgment as, Second is that it is difficult, in the absence of other materials, to decide positively whether the order dated 28.4.2000 is an interlocutory order only. The interdict contained in Section 397(2) of the Code of Criminal Procedure (for short the Code) is that […]

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