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
section. Sub-section (2) of the Section provides a rider to Sub-section (1) and provides that powers of revision conferred by Sub-section ... meaning of Section 397(2), Cr. P.C. Their Lordships then went into the history of enactment of Section 397
When we compare the power conferred under Section
397 with the power under Section 401 , Cr.P.C., it is clear
the provision spells ... 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 ... maintain a revision under sub-section (1) of Section 397
Cr.P.C. is involved in all these Criminal Revision Cases, they are
taken
Sessions Judge in whose Court they exercise jurisdiction. Sub-section (1) of Section 397 , Cr.P.C. lays down that the High Court ... 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
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 ... subordinate to the
High Court in this statutory scheme. Sub-section (1) of Section 397
Cr.P.C. makes it clear that both the High
397(1) Cr.P.C r/w Section 401 Cr.P.C is
maintainable, in view of the bar under Section 397 (2)
... very intention of
the Legislature in incorporating sub-section (2) of Section 397
Cr.P.C, since, there was no such bar prior to amendment
filing
revision petition before the High Court under Section
397 read with Section 401 of the Cr.P.C., the appellate
Court has given discretion ... Session by section 307 of the Cr.P.C. Therefore, the Court thinks that
Section 401 is in aid to Section 397 of
