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1 - 9 of 9 (1.10 seconds)Sanjaysinh Ramrao Chavan vs Dattatray Gulabrao Phalke & Anr on 16 January, 2015
9. There is nothing to show that the impugned order
is perverse or untenable in law. Unless the order passed by
the Magistrate is perverse or the view taken by the Court is
wholly unreasonable or there is non-consideration of any
relevant material or there is palpable misreading of records,
the Revisional Court is not justified in setting aside the order,
merely because another view is possible. The Revisional
Court is not meant to act as an appellate court. The whole
purpose of the revisional jurisdiction is to preserve the power
of the court to do justice in accordance with the principles of
CRL.REV.PET NO. 483 OF 2022
8
criminal jurisprudence. The revisional power of the court
under Sections 397 to 401 Cr.P.C. is not to be equated with
that of an appeal. Unless the finding of the Court, whose
decision is sought to be revised, is shown to be perverse or
untenable in law or is grossly erroneous or glaringly
unreasonable or where the decision is based on no material
or where the material facts are wholly ignored or where the
judicial discretion is exercised arbitrarily or capriciously, the
courts may not interfere with the decision in exercise of their
revisional jurisdiction. (vide: Sanjaysinh Ramrao Chavan v.
Dattatray Gulabrao Phalke [(2015) 3 SCC 123].
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 354 in The Indian Penal Code, 1860 [Entire Act]
Section 107 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 401 in The Code of Criminal Procedure, 1973 [Entire Act]
Manoj Abraham Ips vs P.P.Chandrasekharan Nair on 18 March, 2017
In Manoj Abraham (Supra), this Court
observerd thus:
The Prevention of Corruption Act, 1988
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