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 401 – High Court’s Powers of revision

Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014

Posted on June 8 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 7,

7. The right of hearing given to accused under Section 401 clause (2) of Criminal Procedure Code was elaborately dealt with by this Court in Manharibhai Muljibhai Kakadia case (supra).
8. In the present case challenge is laid to order dated 4.3.2009 at the instance of the complainant in the revision petition before the High Court and by virtue of Section 401(2) of the Code, the accused mentioned in the First Information Report get the right of hearing before the revisional court although the impugned order therein was passed without their participation. The appellant who is an accused person cannot be deprived of hearing on the face of the express provision contained in Section 401(2) of the Code and on this ground, the impugned order of the High Court is liable to be set aside and the matter has to be remitted.

Bal Manohar Jalan Vs Sunil Paswan and Anr on 30 Jun 2014
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Bal Manohar Jalan Vs Sunil Paswan and Anr CrPC 203 - Dismissal of complaint CrPC 397/399 - Revision CrPC 399 - Sessions Judge's powers of revision CrPC 401 - High Court's Powers of revision Reportable Judgement or Order | Leave a comment

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023

Posted on June 8 by ShadesOfKnife

A single judge of Jammu and Kashmir and Ladakh High Court held as follows,

From Paras 12-14, (On the point that second revision can not be filed in guise of Quash petition)

12. Though, Hon’ble Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka (supra) relied upon by the learned counsel for the respondents has held that a subsequent Revision Petition cannot be filed under the garb of Section 482 of the Code, however, in view of the law laid down by the Hon’ble Apex Court in a later case titled ‘Dhariwal Tobacco Products Ltd. v. State of Maharashtra‟, reported as ‘(2009) 2 SCC 370’, while considering the question as to whether an application filed under Section 482 of the Code can be dismissed only because the Revision Petition has been dismissed by the Sessions Court, observed that 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. While relying upon an earlier decision rendered in case titled ‘Surya Dev Rai v. Ram Chander Rai‟, reported as ‘(2003) 6 SCC 675’, the Hon’ble Apex Court further observed that the inherent power of the High Court is not barred by the Statute, but has merely been saved thereunder and it was difficult to concede that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. The same view was taken by the Hon’ble Supreme Court in the case of ‘Shakuntala Devi & Ors. v. Chamru Mahto & Anr.’, reported as ‘(2009) 3 SCC 310‟.
13. This Court had also taken a view in a case titled ‘Mushtaq Ahmad Mir &Ors. v. Mst. Khatija’, rendered in CRMC No. 197/2013, decided on 27th of June, 2022, that the jurisdiction of the High Court under Section 482 of the Code , is of wide amplitude and it cannot be excluded by the provisions of revision contained under Section 397 (3) of the Code and that merely because the Revision Petition, in the instant case, has been rejected by the learned Revisional Court, the High Court is not debarred from entertaining a Petition under Section 482 of the Code against the impugned Order passed by the learned Magistrate, if it finds that there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned trial Magistrate and that it would all depend upon the facts and circumstances of the case.
14. In view of above, though, the impugned Order passed by the learned Judicial Magistrate had been assailed in a Revision Petition filed before the Sessions Court at Pulwama, however, this Court is not debarred from entertaining an application under Section 482 of the Code invoking the inherent jurisdiction for the limited purpose of looking at it as to whether there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned Magistrate. The objection raised by learned counsel for the respondents is thus turned down. It is, thus, held, for the aforesaid reasons, that the Petition filed under Section 482 of the Code is maintainable and cannot be said to be a subsequent Revision Petition.

From Para 15, (On overlapping jurisdiction)

15. Coming to the merits of the case, the impugned Orders have been challenged by the Petitioner, mainly, on the reasons that the learned Magistrate has not followed the law laid down by the Hon’ble Apex Court in case titled Rajnesh v. Neha (supra), whereby certain mandatory guidelines have been laid for the guidance of the Courts while exercising the overlapping jurisdiction for grant of maintenance and to avoid conflicting orders being passed in different proceedings. On the issue of overlapping jurisdiction, the Hon’ble Apex Court has held that successive claims for maintenance under different statutes are maintainable and the Court, while determining whether any further amount is to be awarded in the subsequent proceedings, has made it obligatory on the part of the applicant to disclose the previous proceedings and the order passed therein, in the subsequent proceedings and, if the order passed in such previous proceedings requires any variation or modification, it would be required to be done in the same proceedings.

From Para 19, (No evidence to be considered during Interim proceedings)

19. It is worthwhile to mention here that, at the time of granting of the interim maintenance, evidence is not available before the Court and the Court has to apply mind keeping in view the facts and circumstances of the case in order to fix the quantum of maintenance.

From Para 25,

25. In so far as the directions passed by the Hon’ble Apex Court in Rajnesh v. Neha case (supra), it appears that both the Courts below have considered the case in the light of the directions passed by the Apex Court when successive claims for maintenance were made under overlapping jurisdiction of Section 125 of the Code and the D. V. Act. As regards the contention raised by the learned Counsel for the Petitioner that the directions contained in Paragraph No. 128 (3) that, if the order passed in previous proceeding(s) requires any modification or variation, it would be required to be done in the same proceedings. It appears that this direction has been misunderstood as the order impugned passed by the Magistrate under any of the jurisdictions can be modified or varied by the same Court and not by any other Court. The only aspect of the case required to be addressed by the subsequent Court is that the maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for the sustenance of the destitute woman or children.

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bilal Ahmad Ganaie Vs Sweety Rashid and Ors Catena of Landmark Judgments Referred/Cited to CrPC 397(3) - Second Revision is Not Permissible CrPC 401 - High Court's Powers of revision CrPC 482 - Saving of inherent powers of High Court Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr | Leave a comment

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 Sec 29 - Revision Available Sandeep Pamarati | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
erbmjha BALA @erbmjha ·
14 Jul

Abhishek Manu Singhvi is defending the Emergency by highlighting its benefits.

Just imagine the level of brain rot...

Reply on Twitter 1944619816477954274 Retweet on Twitter 1944619816477954274 1018 Like on Twitter 1944619816477954274 3023 X 1944619816477954274
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
papitrumpo il Donaldo Trumpo @papitrumpo ·
14 Jul

THAT EXPLAINS IT!!!😂😂😂

Reply on Twitter 1944897330622193903 Retweet on Twitter 1944897330622193903 2165 Like on Twitter 1944897330622193903 8203 X 1944897330622193903
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
yashtdp_ Yash @yashtdp_ ·
14 Jul

చాలా వివరంగా అమరావతి పనులు గురించి చెప్పారు...👏

@YSRCParty మీలాంటి వారి కోసమే ఈ వీడియో... చిల్లర వెధవలందరికీ ఈ వీడియో పంపించండి 💪
#Amaravathi
#Amaravati
#Andhrapradesh
#IdhiManchiPrabhutvam

Reply on Twitter 1944599370617495946 Retweet on Twitter 1944599370617495946 32 Like on Twitter 1944599370617495946 159 X 1944599370617495946
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
indiantechguide Indian Tech & Infra @indiantechguide ·
14 Jul

🚨 India has welcomed 36 Indian-origin scientists to do R&D in India under Vaibhav scheme. (GoI)

Reply on Twitter 1944721734935929034 Retweet on Twitter 1944721734935929034 1680 Like on Twitter 1944721734935929034 16344 X 1944721734935929034
Load More

Recent Posts

  • Ekta Kapur Vs Kunal Kapur on 21 May 2025 July 15, 2025
  • Dudekula Khasim Vs State of Andhra Pradesh on 24 Mar 2020 July 14, 2025
  • Evidence Act Sec 65 – Cases in which secondary evidence relating to documents may be given July 14, 2025
  • State of AP Vs Matham Vijaya Rao and Anr on 07 Jul 2025 July 14, 2025
  • Dowry Prohibition Officers of Andhra Pradesh working? July 13, 2025

Most Read Posts

  • Vishal Shah Vs Monalisha Gupta and Ors on 20 Feb 2025 (3,032 views)
  • Mudireddy Divya Vs Sulkti Sivarama Reddy on 26 Mar 2025 (2,470 views)
  • Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025 (2,432 views)
  • Madan Kumar Satpathy Vs Priyadarshini Pati on 07 Feb 2025 (1,837 views)
  • Megha Khetrapal Vs Rajat Kapoor on 19 Mar 2025 (1,720 views)
  • Om Prakash Ambadkar Vs State of Maharashtra and Ors on 16 Jan 2025 (1,420 views)
  • Ivan Rathinam Vs Milan Joseph on 28 Jan 2025 (1,203 views)
  • Saikat Das Vs State of West Bengal and Anr on 27 Mar 2025 (1,051 views)
  • Akkala Rami Reddy Vs State of AP and Anr on 30 Apr 2025 (993 views)
  • Roopa Soni Vs Kamal Narayan Soni on 06 Sep 2023 (863 views)

Tags

Reportable Judgement or Order (405)2-Judge (Division) Bench Decision (376)Landmark Case (370)Legal Procedure Explained - Interpretation of Statutes (367)1-Judge Bench Decision (296)Catena of Landmark Judgments Referred/Cited to (275)Work-In-Progress Article (216)3-Judge (Full) Bench Decision (97)Sandeep Pamarati (93)Article 21 - Protection of life and personal liberty (77)Issued or Recommended Guidelines or Directions or Protocols to be followed (68)Perjury Under 340 CrPC (61)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (58)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (44)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Not Authentic copy hence to be replaced (40)CrPC 482 - Quash (39)Divorce granted on Cruelty ground (39)

Categories

Supreme Court of India Judgment or Order or Notification (719)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (320)High Court of Andhra Pradesh Judgment or Order or Notification (180)High Court of Delhi Judgment or Order or Notification (141)High Court of Bombay Judgment or Order or Notification (107)High Court of Karnataka Judgment or Order or Notification (86)High Court of Madras Judgment or Order or Notification (66)General Study Material (55)Assorted Court Judgments or Orders or Notifications (50)High Court of Allahabad Judgment or Order or Notification (50)High Court of Punjab & Haryana Judgment or Order or Notification (50)Prakasam DV Cases (46)LLB Study Material (46)District or Sessions or Magistrate Court Judgment or Order or Notification (44)Judicial Activism (for Public Benefit) (43)High Court of Kerala Judgment or Order or Notification (39)High Court of Madhya Pradesh Judgment or Order or Notification (36)High Court of Gujarat Judgment or Order or Notification (28)High Court of Telangana Judgment or Order or Notification (26)High Court of Calcutta Judgment or Order or Notification (23)

Recent Comments

  • Risha Bhatnagar on Pitchika Lakshmi Vs Pichika Chenna Mallikaharjuana Rao on 24 Dec 2012
  • ShadesOfKnife on Index of all Summary Case Law Pages on Shades of Knife
  • kanwal Kishore Girdhar on Index of all Summary Case Law Pages on Shades of Knife
  • SUBHASH KUMAR BANSAL on Sukhdev Singh Vs Sukhbir Kaur on 12 Feb 2025
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • July 2025 (6)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • 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 (28)
  • 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 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • 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 (97)
  • 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
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • NRT (Tokyo) on 2025-07-24 July 24, 2025
    THIS IS A SCHEDULED EVENT Jul 24, 17:00 - 21:00 UTCJul 16, 02:26 UTCScheduled - We will be performing scheduled maintenance in NRT (Tokyo) datacenter on 2025-07-24 between 17:00 and 21:00 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 end-users […]
  • MXP (Milan) on 2025-07-23 July 23, 2025
    THIS IS A SCHEDULED EVENT Jul 23, 01:00 - 04:00 UTCJul 17, 10:40 UTCScheduled - We will be performing scheduled maintenance in MXP (Milan) datacenter on 2025-07-23 between 01:00 and 04:00 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 end-users […]
  • BCN (Barcelona) on 2025-07-22 July 22, 2025
    THIS IS A SCHEDULED EVENT Jul 22, 01:00 - 04:00 UTCJul 10, 15:00 UTCScheduled - We will be performing scheduled maintenance in BCN (Barcelona) datacenter on 2025-07-22 between 01:00 and 04:00 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 end-users […]

RSS List of Spam Server IPs from Project Honeypot

  • 2a00:1450:4864:20::147 | SD July 16, 2025
    Event: Bad Event | Total: 447 | First: 2021-08-06 | Last: 2025-07-16
  • 5.183.103.196 | S July 16, 2025
    Event: Bad Event | Total: 9 | First: 2025-07-10 | Last: 2025-07-16
  • 92.246.141.100 | S July 16, 2025
    Event: Bad Event | Total: 4 | First: 2025-07-16 | Last: 2025-07-16
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1615 access attempts in the last 7 days.

pixel