approached
this Court under Section 482 of Cr.P.C. without first availing the
remedy of revision under Section 397 of Cr.P.C. Accordingly ... exercise of power under Section 482 of Cr.P.C., despite
availability of the alternate remedy under Section 397, is not one of
Signature
case of revision under Sections 397 and 401 of Code of Criminal Procedure, 1973 arising out of conviction and sentence of imprisonment, the petitioner shall ... Court of Jharkhand for regulating its procedure and thereby providing that for filing a criminal revision under Section 397 Cr.P.C. read with Section
inferior criminal
court". Sub-section (2) of Section 438 BNSS, like Section 397(1) CrPC
operates as a check on those vast ... held thus:
"16. While the text of sub-section (1) of Section 397 of the
Cr.P.C. appears to confer very wide powers
Court appealed from order sub-section (3) of Section 389 of the Code of Criminal Procedure, 1973, the fact shall be stated in the petition ... Court of Jharkhand for regulating its procedure and thereby providing that for filing a criminal revision under Section 397 Cr.P.C. read with Section
this Court shall conscientiously
adjudicate upon criminal revision petition under Section 397 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as " ... permissible nor is in consonance
with the scheme of Code of Criminal Procedure .
23. Section 397 CrPC vests the court with the
power
this Court shall
conscientiously adjudicate upon criminal revision petition under
section 397 / 401 of the Code of Criminal Procedure, 1973
(hereinafter referred ... mandates that the power of revision
conferred by sub-section (1) of Section 397 Cr.P.C. shall not be
exercised in relation
this Court shall conscientiously
adjudicate upon criminal revision petition under section 397 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as " ... mandates
that the power of revision conferred by sub-section (1) of Section 397 Cr.P.C.
shall not be exercised in relation
this Court shall
conscientiously adjudicate upon criminal revision petition under
Section 397 / 401 of the Code of Criminal Procedure, 1973
(hereinafter referred ... permissible nor is in consonance with
the scheme of Code of Criminal
Procedure .
23. Section 397 CrPC vests the court
with the power
Chaina Devi & Ors.
adjudicate upon criminal revision petition under section 397 / 399 of the
Code of Criminal Procedure, 1973 (hereinafter referred ... mandates that the power of revision
conferred by sub-section (1) of Section 397 Cr.P.C. shall not be exercised in
relation
this Court shall conscientiously
adjudicate upon criminal revision petition under section 397 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as " ... mandates that the power of revision
conferred by sub-section (1) of Section 397 Cr.P.C. shall not be exercised in
relation