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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].
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