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D. Stephens vs Nosibolla on 2 March, 1951

18. In respect of exercise of powers of revision against acquittal, the Supreme Court said that the same can be exercised "only in exceptional cases where the interests of public justice required interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice." It was not to be exercised only because the lower Court has taken a wrong view of law (Vide D. Stephens v, Nosibolla ) : 52 Cri LJ 510. In another decision the Supreme Court said that the jurisdiction in revision against acquittal should be exercised only In exceptional cases, where there is some glaring defect in the procedure or there is a manifest error on a point of law ; and consequently there has been a flagrant miscarriage of justice.
Supreme Court of India Cites 6 - Cited by 398 - N C Aiyar - Full Document
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