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Tag: CrPC 397 – Calling for records to exercise powers of revision

Dinesh Kumar Yadav Vs State of U.P and Anr on 27 Oct 2016

Posted on August 5, 2024 by ShadesOfKnife

A full bench of Allahabad High Court (at Lucknow) held as follows:

From Para 23,

23. Under Section 397 of Cr P C “the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court…”. That the Court of Sessions is as an inferior Court to the High Court, cannot be disputed. Thus, the Court of Sessions before which an appeal has been prescribed under Section 29 of the Act, 2005 is a Criminal Court inferior to the High Court and, therefore, a revision against its order passed under Section 29 will lie to the High Court under Section 397 Cr P C. Section 401 Cr P C is supplementary to Section 397 Cr P C.

From Para 25,

25. In the result, we answer the first question in the affirmative holding that the decisions in Nishant Krishna Yadav (supra) and Manju Shree Robinson (supra) do not lay down the law correctly. In other words, we hold that a revision under Section 397/401 of Cr P C against a judgment and order passed by the Court of Sessions under Section 29 of the Act, 2005 is maintainable and that the decisions in Nishant Krishna Yadav (supra) and Manju Shree Robinson (supra) do not lay down the law correctly.

Dinesh Kumar Yadav Vs State of U.P and Anr on 27 Oct 2016

Index of all DV cases is here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 397 - Calling for records to exercise powers of revision CrPC 397 - Concurrent Jurisdiction of Revision Dinesh Kumar Yadav Vs State of U.P and Anr PWDV Act Sec 29 - Appeal Available PWDV Act Sec 29 - Revision Available | Leave a comment

Balamuraly G Vs Vinod TR and Anr on 26 Oct 2023

Posted on August 5, 2024 by ShadesOfKnife

A single judge of Kerala High Court held as follows.

From Para 6,

6. True, section 397 of the Code confers concurrent jurisdiction to the High Court as well as the Sessions Court to call for and examine the records of any proceedings before an inferior criminal court situated within its local jurisdiction for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order rendered in such proceedings. When the power of revision is concurrent, it may not be illegal for a person to approach the High Court instead of the Sessions Court with a prayer for revision of an order. A Full Bench of this Court considered in Sivan Pillai v. Rajamohan and others [1978 KLT 223] the question whether a revision, where it is maintainable in view of the provisions of Section 397(1) of the Code, in the High Court as well as a Sessions Court, should be pinned down to the Sessions Court. The view taken by the majority is that the salutary principle that where concurrent jurisdiction is conferred on two fora, the lower forum should be exhausted first has to be given a go by in view of the specific provision conferring jurisdiction by Section 397(1) of the Code both on the High Court and the Sessions Courts. That is the law. But
propriety demands the aggrieved, as far as possible, to first invoke the jurisdiction of the Sessions Court. It is apposite to approach the Sessions Court first for another reason also. That, the parties might be located in the Sessions Division concerned. In a revision petition any order, which causes prejudice to the accused, can be passed, in view of Section 401(2) of the Code, only after giving notice to him. Where the accused resides in a far away Sessions Division he has to be drawn to the High Court as though the matter can be heard and decided by the Sessions Court concerned without  causing such an inconvenience. Therefore, it is just and appropriate for a party to invoke the jurisdiction of the Court of Sessions first, where the  revision is possible by both the High Court and the Sessions Court, albeit there is no bar for the High Court to entertain the revision filed without exhaustion of the lower forum.

Balamuraly G Vs Vinod TR and Anr on 26 Oct 2023

 

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision Balamuraly G Vs Vinod TR and Anr CrPC 397 - Calling for records to exercise powers of revision CrPC 397 - Concurrent Jurisdiction of Revision | Leave a comment

BNSS Sec 438 – Calling for records to exercise powers of revision

Posted on June 27, 2024 by ShadesOfKnife

438. Calling for records to exercise powers of revision
(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 as 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 his own bond or bail 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 439.
(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.


Entire Sanhita available here.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged BNSS Sec 438 – Calling for records to exercise powers of revision CrPC 397 - Calling for records to exercise powers of revision | Leave a comment

Devi Prasanna Nayak Vs Deepak Malviya on 24 Nov 2021

Posted on June 23, 2024 by ShadesOfKnife

A single Sessions Judge of Saket Court at Delhi held as follows,

From Para 14,

14. The issue that in appropriate cases, costs can also be imposed while dismissing revision petition is no longer res integra. Reliance can be placed upon judgments of our own Hon’ble High Court in the matter of Vijay Ghai v. State Crl. M. C. No. 3669/2011 decided on 01.11.2013 and M/s Miracle Infoweb Pvt. Ltd. v. State, Crl. M. C. No. 4529/2013 decided on 07.11.2013. To illustrate, observations of Hon’ble High Court of Delhi in the matter of Inderjeet Kaur Kalsi v. NCT of Delhi & Anr , Crl. M.C No. 4504/2013 and Crl. M. A No. 16125/2013 decided on 27.11.2013 while imposing costs in a criminal revision can be reproduced here as under:
“…22. Imposition of Costs- 22.1 Imposition of actual, realistic or proper costs and or ordering prosecution would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. The cost should be equal to the benefits derived by the litigants, and the harm and deprivation suffered by the rightful person so as to check the frivolous litigations and prevent the people from reaping a rich harvest of illegal acts through Court. The costs imposed by the Courts must be the real costs equal to the deprivation suffered by the rightful person and also considering how long they have compelled the other side to contest and defend the litigation in various courts. In appropriate cases, the Courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial proceedings. The parties raise fanciful claims and contests because the Courts are reluctant to order prosecution. The relevant judgments in support of this preposition are as under:-
“22.2 In Ramrameshwari Devi v. Nirmala Devi, (2011) 8 SCC 249, the Supreme Court has held that the Courts have to take into consideration pragmatic realities and have to be realistic in imposing the costs. The relevant paragraphs of the said judgment are reproduced hereunder:-
“52. …C. Imposition of actual, realistic or proper costs and or ordering prosecution would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial
proceedings…
***
54. While imposing costs we have to take into consideration pragmatic realities and be realistic what the Defendants or the Respondents had to actually incur in contesting the litigation before different courts. We have to also broadly take into consideration the prevalent fee structure of the lawyers and other miscellaneous expenses which have to be incurred towards drafting and filing of the counter affidavit, miscellaneous charges
towards typing, photocopying, court fee etc.
55. The other factor which should not be forgotten while imposing costs is for how long the Defendants or Respondents were compelled to contest and defend the litigation in various courts. The Appellants in the instant case have harassed the Respondents to the hilt for four decades in a totally frivolous and dishonest litigation in various courts. The Appellants have also wasted judicial time of the various courts for the last 40 years.
56. On consideration of totality of the facts and circumstances of this case, we do not find any infirmity in the well reasoned impugned order/judgment. These appeals are consequently dismissed with costs, which we quantify as Rs. 2,00,000/- (Rupees two lakhs only). We are imposing the costs not out of anguish but by following the fundamental principle that wrongdoers should not get benefit out of frivolous litigation.”
22.3 In Maria Margarida Sequeria Fernandes v. Erasmo Jack de Sequeria, (2012) 5 SCC 370, the Supreme Court held that heavy costs and prosecution should be ordered in cases of false claims and defences as under:-
“82. This Court in a recent judgment in Ramrameshwari Devi, (2011) 8 SCC 249, aptly observed at p. 266, para 43 that unless wrongdoers are denied profit from frivolous litigation, it would be difficult to prevent it. In order to curb uncalled for and frivolous litigation, the courts have to ensure that there is no incentive or motive for uncalled for litigation. It is a matter of common experience that the court’s otherwise scarce time is consumed or more appropriately, wasted in a large number of uncalled for cases. In this very judgment, the Court provided that this problem can be solved or at least can be minimised if exemplary costs is imposed for instituting frivolous litigation. The Court observed at pp. 267-68, para 58 that imposition of
actual, realistic or proper costs and/or ordering prosecution in appropriate cases would go a long way in controlling the tendency of introducing false pleadings and forged and fabricated documents by the litigants. Imposition of heavy costs would also control unnecessary adjournments by the parties. In appropriate cases, the courts may consider ordering prosecution otherwise it may not be possible to maintain purity and sanctity of judicial
proceedings.” (Emphasis supplied)”
22.4 In Padmawati v. Harijan Sewak Sangh, 154 (2008) DLT 411, this Court imposed costs of Rs.15.1 lakhs and noted as under:
“6. The case at hand shows that frivolous defences and frivolous litigation is a calculated venture involving no risks situation. You have only to engage professionals to prolong the litigation so as to deprive the rights of a person and enjoy the fruits of illegalities. I consider that in such cases where Court finds that using the Courts as a tool, a litigant has perpetuated illegalities or has perpetuated an illegal possession, the Court must impose costs on such litigants which should be equal to the benefits derived by the litigant and harm and deprivation suffered by the rightful person so as to check the frivolous litigation and prevent the people from reaping a rich harvest of illegal acts through the Courts. One of the aim of every judicial system has to be to discourage unjust enrichment using Courts as a tool. The costs imposed by the Courts must in all cases should be the real costs
equal to deprivation suffered by the rightful person.
***
9. Before parting with this case, I consider it necessary to pen down that one of the reasons for over-flowing of court dockets is the frivolous litigation in which the Courts are engaged by the litigants and which is dragged as long as possible. Even if these litigants ultimately loose the lis, they become the real victors and have the last laugh. This class of people who perpetuate illegal acts by obtaining stays and injunctions from the Courts must be made to pay the sufferer not only the entire illegal gains made by them as costs to the person deprived of his right and also must be burdened with exemplary costs. Faith of people in judiciary can only be sustained if the persons on the right side of the law do not feel that even if they keep fighting for justice in the Court and ultimately win, they would turn out to be a fool since winning a case after 20 or 30 years would make wrong doer as real gainer, who had reaped the benefits for all those years. Thus, it becomes the duty of the Courts to see that such wrong doers are discouraged at every step and even if they succeed in prolonging the litigation due to their money power, ultimately they must suffer the costs of all these years long litigation. Despite settled legal positions, the obvious wrong doers, use one after another tier of judicial review mechanism as a gamble, knowing fully well that dice is always loaded in their favour, since even if they lose, the time gained is the real gain. This situation must be redeemed by the Courts…” (Emphasis supplied)”

Devi Prasanna Nayak Vs Deepak Malviya on 24 Nov 2021
Posted in District or Sessions or Magistrate Court Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 397 - Calling for records to exercise powers of revision CrPC 397/399 - Revision CrPC 397/399 - Revision Dismissed Devi Prasanna Nayak Vs Deepak Malviya Dismissed with Costs | 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 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

Municipal Corporation of Delhi Vs Girdharilal Sapuru And Ors on 11 February 1981

Posted on February 15, 2020 by ShadesOfKnife

In this Landmark judgment, Supreme Court had held that,

5. It, however, appears that the respondents contended that the revision petition was barred by limitation. Even this contention is founded on a very technical ground that even though the revision petition was filed very much in time the requisite power of attorney of the learned advocate on behalf of the petition was not legally complete and when it was re-submitted the limitation had expired. Without going into the nicety of this too technical contention, we may notice that Section 397 of the CrPC enables the High Court to exercise power of revision suo motu and when the attention of the High Court was drawn to a clear illegality the High Court could not have rejected the petition as time barred thereby perpetuating the illegality and miscarriage of justice. The question whether a discharge order is interlocutory or otherwise need not detain us because it is settled by a decision of this Court that the discharge order terminates the proceedings and, therefore it is revisable under Section 397(1), Cr.P.C and -Section 397(1) in terms confers power of suo motu revision on the High Court, and if the High Court exercises suo motu revision power the same cannot be denied on the ground that there is some limitation prescribed for the exercise of the power because none such is prescribed. If in such a situation the suo motu power is not exercised what a glaring illegality goes unnoticed can be demonstrably established by this case itself. We however, do not propose to say a single word on the merits of the cause because there should not be even a whimper of prejudice to the accused who in view of this judgment would have to face the trial before the learned Magistrate.

Municipal Corporation of Delhi Vs Girdharilal Sapuru And Ors on 11 February 1981

Citations: [1981 ACR SC 161], [1981 AIR SC 1169], [1981 PLR 83 593], [1981 SCC 2 758], [1981 UJ 13 217], [1981 CRI LJ 632], [1981 CRLJ 0 632], [1981 SCC CRI 1 598], [1981 UJ SC 1 217], [1981 CAR 348], [1981 CRLR 275], [1981 SCC CR 598]

Other Source links: https://indiankanoon.org/doc/1790776/ or https://www.casemine.com/judgement/in/5609abf1e4b014971140db74


 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 397 - Calling for records to exercise powers of revision CrPC 397/399 - Revision CrPC 397/401 - Revision Landmark Case Legal Procedure Explained - Interpretation of Statutes Municipal Corporation of Delhi Vs Girdharilal Sapuru And Ors Not Authentic copy hence to be replaced Reportable Judgement or Order | 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

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  • June 2018 (92)
  • May 2018 (97)
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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

  • 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 […]
  • CGB (Cuiaba) on 2025-07-17 July 17, 2025
    THIS IS A SCHEDULED EVENT Jul 17, 08:45 - 12:45 UTCJul 14, 16:33 UTCScheduled - We will be performing scheduled maintenance in CGB (Cuiaba) datacenter on 2025-07-17 between 08:45 and 12:45 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 […]
  • CNF (Belo Horizonte) on 2025-07-17 July 17, 2025
    THIS IS A SCHEDULED EVENT Jul 17, 08:15 - 11:15 UTCJul 14, 16:35 UTCScheduled - We will be performing scheduled maintenance in CNF (Belo Horizonte) datacenter on 2025-07-17 between 08:15 and 11:15 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

  • 177.220.192.44 | SD July 14, 2025
    Event: Bad Event | Total: 3,406 | First: 2020-05-01 | Last: 2025-07-14
  • 117.88.102.87 | SD July 14, 2025
    Event: Bad Event | Total: 1,148 | First: 2024-09-27 | Last: 2025-07-14
  • 177.220.192.43 | SD July 14, 2025
    Event: Bad Event | Total: 3,669 | First: 2020-04-21 | Last: 2025-07-14
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