Section 397 in The Code of Criminal Procedure, 1973
397. Calling for records to exercise powers of revision.
(1) The High Court or any Sessions ... call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose
stage of Section 156(3) Cr.P.C. Resultantly an order under Section 156(3) is not revisable under Section 397(1) ... Cr.P.C. or petition under Section 482 Cr.P.C. lay against such an order at his instance being barred by Section 397
case (1978 Cri LJ 165) (supra) urged that Section 397(2) of the Criminal Procedure Code was in pari materia with Section ... being given to this expression in relation to Section 397(2) of the Criminal Procedure Code. This contention of Shri Mridual was by necessary implication
read with Section
34 , I.P.C. Any order passed by such court is amenable to
revision under Section 397 , Cr.P.C., before ... under Section 397 . Being of this view, I am constrained to
over-rule the objections of the State that revision under
Section 397 ,
passed
under Section 45 of the Evidence Act is an interlocutory order
attracting the bar under sub-section (2) of Section 397 ... Crl.R.C.No.175 of 2018 & batch
Therefore, considering this historical background in
introducing sub-section (2) of Section 397
Code of Criminal Procedure , 1973, in the area where the divorced woman resides.
9. Section 6 of the Code of Criminal Procedure enumerates the classes ... Sessions Judge under Sub-section (1) of Section 397. The power conferred by Sub-section (1) of Section 397 , Cr.P.C. is in very
against such order is barred under Sub-section (2)
of Section 397 of the Code of Criminal Procedure, 1973
C. Whether the view expressed ... against such order is barred under Sub-section (2)
of Section 397 of the Code of Criminal Procedure, 1973.
C. The view expressed
provisions
from Sections 125 to Section 128 under chapter IX,
Cr.P.C.
[19] Similarly, sub-section (2) of Section 397
Cr.P.C specifically ... whether an application under Section
482 Cr.P.C. or a criminal revision petition under Section
397 , Cr.P.C is maintainable against rejection
Reference' while Sections 397 to 405 deal with 'Revision'. The
heading of Section 397 Cr.P.C. is: 'Calling for records ... provisions of the
Code of Criminal Procedure , 1973, that deal with anticipatory and regular
bail. Sections 438 and 439 Cr.P.C. confer concurrent jurisdiction
COMMON ORDER:
These two Criminal Revision Cases are filed under
Section 397 read with Section 401 Cr.P.C. questioning the
propriety, illegality and irregularity ... 397(1) Cr.P.C r/w Section 401 Cr.P.C is
maintainable, in view of the bar under Section 397 (2)
