web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: CrPC 397(3) – Second Revision is Not Permissible

CrPC 397 – Calling for records to exercise powers of revision

Posted on December 13, 2020 by ShadesOfKnife

(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 to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record.
Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.
(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 397 - Calling for records to exercise powers of revision CrPC 397(1) - Stay on Lower Court Proceedings in Revision CrPC 397(2) - Revision Not Exercised in Any Interlocutory Order CrPC 397(3) - Second Revision is Not Permissible | Leave a comment

Anil Kumar and Ors. Vs Moti Ram and Ors. on 20 November, 1992

Posted on March 31, 2019 by ShadesOfKnife

Hon’ble Delhi High Court held that Second revision is barred under 397(3) CrPC.

From Para 16,

The bare reading of Sub-Section 3 would how that it does not curtail the remedy but only bars or abrogate the remedy. It curtails the remedy second time. The power of the High Court and the Court of Sessions, so far as revision is concerned, are concurrent. The revisionist has choice to File revision directly in the High Court or in the Sessions Court. Having availed the remedy by filing revision before the Sessions Judge he cannot be permitted to avail second chance, the bar of Sub Section (3) will come in his way. V.R. Krishna lyer, J. in the case of Raj Kapoor Vs. State (Delhi Administration) observed that “In our constitutional order, fragrant with social,justice broader consideration of final relief must govern the juridical process save where legislature interdict plainly forbids that, course”. (underlining is mine). In Raj Kapoor’s case though Supreme Court was not cat tea upon to deal with Sub-Section (3), it was only dealing with the inherent power of the High Court under Section 482, particularly where the petitioner instead of invoking the revisional power under Section 39 invoked the inherent power of the High Court under Section 482, particularly where the petitioner instead of invoking the revisional power under Section 39 invoked the inherent power of the High Court. It was in this background the above observations were made which will show that the Court was not unmindful of the fact that whenever legislature interdict plainly or statute bar the availing of remedy in that case, the High Court cannot resort to its inherent powers under Section 482 Cr. P.C. to circumvent the prohibition laid down in the Code.

Anil Kumar and Ors. Vs Moti Ram and Ors. on 20 November, 1992

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Anil Kumar and Ors. Vs Moti Ram and Ors. CrPC 397(3) - Second Revision is Not Permissible Not Authentic copy hence to be replaced | Leave a comment

Dinakar Vs Krishnamurthy on 12 November, 2009

Posted on July 15, 2018 by ShadesOfKnife

This case involves a retired DGP of Karnataka state regarding a murder of one Murugan who along with 2 others broke into DGP’s house on a fateful date. The petitioner Dinakar, on behalf of the said Muragun, has tried to file a case, but in vain. Hence he approached the Home Minister of Karnataka and NHRC ar Delhi. On this the DGP was aggrieved and filed a defamation case on Dinkar. Dinakar filed many applications at various fora praying that the defamation case be dismissed and in this regard he challenged the jurisdiction and power of taking cognizance of case by Chief Metropolitan Magistrate, which was brought before Hon’ble High Court of Karnataka in the instant case.

 

There were interesting arguments and counter-arguments supported by judgments of various High Courts and their Division Benches and also Hon’ble Apex Court. Read on.

 

Dinakar Vs Krishnamurthy on 12 November, 2009
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 16(3) - The Jurisdiction and Powers of Every Metropolitan Magistrate Shall Extend Throughout the Metropolitan Area CrPC 19(3) - The Chief Metropolitan Magistrate may make rules or give special orders consistent with this Code CrPC 397(3) - Second Revision is Not Permissible Dinakar Vs Krishnamurthy | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • State of Maharashtra Vs Dnyaneshwar Laxman Rao Wankhede on 29 Jul 2009 January 26, 2023
  • Sabiya Begum Malka Vs State of U.P. and Ors on 18 May 2016 January 24, 2023
  • Y.Narasimha Rao and Ors Vs Y.Venkata Lakshmi and Anr on 9 Jul 1991 January 19, 2023
  • Messers S.J.S. Business Enterprises Vs State of Bihar and Ors on 17 Mar 2004 January 17, 2023
  • Ramjas Foundation and Ors vs Union of India and Ors on 9 Nov 2010 January 17, 2023

Most Read Posts

  • Do you know that there is time limit of 60 days to dispose of a Domestic Violence case in India under sec 12(5) of PWDV Act? (8,769 views)
  • XXX Vs State of Kerala and Ors on 05 July 2022 (2,799 views)
  • Ratandeep Singh Ahuja Vs Harpreet Kaur on 11 Oct 2022 (865 views)
  • State Bank of India and Anr Vs Ajay Kumar Sood on 16 Aug 2022 (835 views)
  • Abbas Hatimbhai Kagalwala Vs The State of Maharashtra and Anr on 23 Aug 2022 (806 views)
  • Bar Council of India Vs Bonnie Foi Law College and Ors (694 views)
  • P Parvathi Vs Pathloth Mangamma on 7 Jul 2022 (658 views)
  • Sandeep Pamarati Vs State of AP and Anr on 29 Sep 2022 (Disposal of DVC in 60 days) (652 views)
  • Mukesh Singh versus State of Uttar Pradesh on 30 Sep 2022 (572 views)
  • Joginder Singh Vs Rajwinder Kaur on 29 Oct 2022 (556 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (323)Reportable Judgement or Order (319)Landmark Case (310)2-Judge (Division) Bench Decision (259)Work-In-Progress Article (218)Catena of Landmark Judgments Referred/Cited to (210)1-Judge Bench Decision (145)Sandeep Pamarati (88)3-Judge (Full) Bench Decision (79)Article 21 - Protection of life and personal liberty (74)Perjury Under 340 CrPC (53)Issued or Recommended Guidelines or Directions or Protocols to be followed (52)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (46)CrPC 482 - Quash (38)Not Authentic copy hence to be replaced (34)Advocate Antics (34)Rules of the Act/Ordinance/Notification/Circular (33)IPC 498a - Not Made Out (32)

Categories

Supreme Court of India Judgment or Order or Notification (629)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (297)High Court of Andhra Pradesh Judgment or Order or Notification (159)High Court of Delhi Judgment or Order or Notification (108)High Court of Bombay Judgment or Order or Notification (91)High Court of Karnataka Judgment or Order or Notification (66)General Study Material (55)High Court of Madras Judgment or Order or Notification (53)Assorted Court Judgments or Orders or Notifications (48)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (45)Judicial Activism (for Public Benefit) (40)High Court of Allahabad Judgment or Order or Notification (39)District or Sessions or Magistrate Court Judgment or Order or Notification (38)High Court of Kerala Judgment or Order or Notification (30)High Court of Gujarat Judgment or Order or Notification (25)High Court of Madhya Pradesh Judgment or Order or Notification (25)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (17)

Recent Comments

  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022
  • Vincent on Beena MS Vs Shino G Babu on 04 Feb 2022
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • Ravi on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003
  • ShadesOfKnife on Beena MS Vs Shino G Babu on 04 Feb 2022

Archives of SoK

  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Maintenance impacting SSL API availability and certificate issuance February 14, 2023
    THIS IS A SCHEDULED EVENT Feb 14, 14:00 - 16:00 UTCJan 26, 10:38 UTCScheduled - On February 14th, 2023, Cloudflare will be doing database maintenance that will impact SSL API availability and may result in certificate issuance delays. The scheduled maintenance will be on February 14, 2023, 14:00 - 16:00 UTC.During the maintenance window, SSL-related […]
  • BOS (Boston) on 2023-02-03 February 3, 2023
    THIS IS A SCHEDULED EVENT Feb 3, 07:00 - 13:00 UTCJan 28, 10:00 UTCScheduled - We will be performing scheduled maintenance in BOS (Boston) datacenter on 2023-02-03 between 07:00 and 13:00 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]
  • JNB (Johannesburg) on 2023-02-03 February 3, 2023
    THIS IS A SCHEDULED EVENT Feb 3, 01:00 - 03:30 UTCJan 27, 01:20 UTCScheduled - We will be performing scheduled maintenance in JNB (Johannesburg) datacenter on 2023-02-03 between 01:00 and 03:30 UTC. Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window for […]

RSS List of Spam Server IPs from Project Honeypot

  • 110.89.41.109 | SC January 29, 2023
    Event: Bad Event | Total: 11 | First: 2014-07-15 | Last: 2023-01-29
  • 103.48.139.212 | SD January 29, 2023
    Event: Bad Event | Total: 7,066 | First: 2015-09-26 | Last: 2023-01-29
  • 45.144.29.59 | S January 29, 2023
    Event: Bad Event | Total: 2 | First: 2023-01-29 | Last: 2023-01-29
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 450 access attempts in the last 7 days.

pixel