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Hardeep Singh vs State Of Punjab & Ors on 10 January, 2014

107. Power under Section 398 Cr.P.C. is in the nature of revisional power which can be exercised only by the High Court or the Sessions Judge, as the case may be. According to Section 300 (5) Cr.P.C., a person discharged under Section 258 Cr.P.C. shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the Hardeep Singh vs State Of Punjab & Ors on 10 January, 1947 first-mentioned Court is subordinate. Further, Section 398 Cr.P.C. provides that the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrate subordinate to him to make an inquiry into the case against any person who has already been discharged.
Supreme Court of India Cites 114 - Cited by 1591 - B S Chauhan - Full Document
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