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 ... inferior to the Sessions Judge for the purposes of this sub-section and of Section 398. (2) The powers of revision conferred by sub-section
Section 397 in The Indian Penal Code, 1860
397. Robbery, or dacoity, with attempt to cause death or grievous hurt.—
If, at the time
revisional jurisdiction against an interlocutory order under sub- Section
2 of Section 397 Cr.P.C. At the same time, inherent power of the
High ... reading of Section 482,
however, it would follow that nothing in the
Code, which would include sub-section (2) of
Section 397 also, “shall
High Court can exercise under Section 397 and Section 482 of
the Code. Section 397 of the Code vests the court with the power ... will be one under Section 228 and not under
Section 227 .”
12. The jurisdiction of the Court under Section 397 can be exercised
after the introduc-
tion of a provision like sub section (2) of section 397 in,
the 1973 Code.
As pointed out in Amar Nath ... wisdom decided to check
this delay by introducing sub-section (2), in section 397 .
On the one hand, a bar has been
Section 397 in The Companies Act, 1956
397. Application to [Tribunal] for relief in cases of oppression
(1) Any member of a company who complain ... manner prejudicial to public interest or] [ Substituted by Act 53 of 1963, Section 10, for " are being conducted" (w.e.f. 1.1.1964).] in a manner
Section 398 in The Code of Criminal Procedure, 1973
398. Power to order inquiry.
- On examining any record under Section 397 or otherwise, the High ... make, further inquiry into any complaint which has been dismissed under Section 203 or sub-section (4) of Section 204, or into the case
framed against the
appellant under section 120B I.P.C. read with section
5(1)(d) and section 5(2) of the Prevention of Corruption ... Code. Section 11 which deals with appeals starts with a
non-obstante clause. Neither section 11 nor any other
section states that the Code shall
other of
them.
16. While the text of sub-section (1) of Section 397 of the Cr.P.C. appears
to confer very wide powers ... order of the
Subordinate Judge is expressly barred under sub-section (2) of
Section 397 of the 1973 Code the inherent powers contained in
Section
Section 402 in The Companies Act, 1956
402. Powers of [Tribunal] on application under section 397 or 398
Without prejudice to the generality ... Tribunal] [ Substituted by Act 11 of 2003, Section 44, for " Company Law Board" .] under section 397 or 398, any order under either section may provide
