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Tag: CrPC 401 – High Court’s Powers of revision

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Posted on July 19, 2021 by ShadesOfKnife

A wonderful decision by Supreme Court of India around High Court’s inherent power under section 482 CrPC against the Revisional Powers u/s 401 CrPC.

From Para 8,

8. Indisputably issuance of summons is not an interlocutory order within the meaning of Section 397 of the Code. This Court in a large number of decisions beginning from R .P. Kapur v. State of Punjab, AIR 1960 SC 866 to Som Mittal v. Govt. of Karnataka , [ (2008) 3 SCC 574 ] has laid down the criterion for entertaining an application under Section 482. Only because a revision petition is maintainable, the same by itself, in our considered opinion, would not constitute a bar for entertaining an application under Section 482 of the Code.
Even where a revision application is barred, as for example the remedy by way of Section 115 of the Code of Civil Procedure, 1908 this Court has held that the remedies under Articles 226/227 of the Constitution of India would be available. (See Surya Dev Rai v. Ram Chander Rai and others, [ (2003) 6 SCC 675 ] ).
Even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397 (2) of the Code, the inherent power of the Court has been held to be available.

Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr on 17 Dec 2008

Citations : [2009 SCC 2 370], [2009 CRLJ SC 974], [2008 SCALE 16 240], [2009 SCC CRI 1 806], [2009 BOMCR CRI SC 1 802], [2008 AIOL 1468], [2008 SCR 17 844], [2009 AIR SC 1032], [2009 AIC SC 75 265], [2009 ECRN SC 2 284]

Other Sources :

https://indiankanoon.org/doc/1891955/

https://www.casemine.com/judgement/in/5609ae9ee4b0149711414586

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 397 - Calling for records to exercise powers of revision CrPC 397/401 - Revision CrPC 401 - High Court's Powers of revision CrPC 482 - High Court does not function either as a Court of Appeal or Revision CrPC 482 - Quash CrPC 483 - Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

CrPC 401 – High Court’s powers of revision

Posted on December 13, 2020 by ShadesOfKnife

(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307, and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of Justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 401 - High Court's Powers of revision | Leave a comment

Jallarapu Laxman Rao Vs Jallarapu Pedda Venkateswarlu on 1 November, 2017

Posted on May 31, 2018 by ShadesOfKnife

Justice M.SATYANARAYANA MURTHY in this Andhra Pradesh High Court judgment clarifies the non-maintainability of revision under Sections 397 and 401 of CrPC, in a Domestic Violence Case, when the Act itself has a section 29 for the purpose of revision (as well as Appeal).

Jallarapu Laxman Rao Vs Jallarapu Pedda Venkateswarlu on 1 November, 2017

Citations : [2017 SCC ONLINE HYD 381], [2018 ALT CRI 2 70]

Other Sources:

https://indiankanoon.org/doc/150555325/

https://www.casemine.com/judgement/in/5a28d6c54a9326135bfa09ab


Index of all Domestic Violence Cases is here.

Posted in High Court of Andhra Pradesh Judgment or Order or Notification | Tagged CrPC 397 - Calling for records to exercise powers of revision CrPC 401 - High Court's Powers of revision Maintainability PWDV Act 29 - Revision Available Sandeep Pamarati | Leave a comment

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