Section 451 Cr.P.C., the
respondents in this Crl.M.C filed a Crl.R.P. before the
Sessions Court under Section 397 ... which
states that the power of revision conferred by sub-section
(1) of Section 397 Cr.P.C. shall not be exercised in relation
within the teeth of the provision as embodied under sub- Section 2 of Section 397 Cr.P.C., therefore, the same is not maintainable ... Section 482 Cr.P.C., however, it would follow that noting in the Cr.P.C ., which would include sub-Section (2) of Section 397
would be appropriate to discuss Section 245 (1) of Cr.P.C. and scope of criminal revision under Section 397 Cr.P.C. Section ... complainant by Magistrate under Section 203 Cr.P.C., may be assailed in a criminal revision under Section 397 Cr.P.C. Therefore, the scope
appeal lies under section
378(4) of Cr.P.C. before the High Court against
the order passed under section 256 of ... High Court
under section 378(4) of Cr.P.C. and not a revision
under section 397 of Cr.P.C. However this Court
Respondent in all Crl.R.Cs.
Prayer in Crl.R.C.No.907 of 2020: Criminal Revision filed under
Section 397 read with 401 ... have preferred the instant revisions invoking Section 397 read
with Section 401 Cr.P.C.
3 Heard Mr. A. Ramesh, learned Senior Counsel representing
440396/16
19. The present revision petition has been filed under section 397 Cr.P.C.
by the State/ CBI against the order dated ... clear allegations
against him. It was argued that the powers under Section 397 Cr.P.C. are very
limited and could be exercised only
passed by any "inferior criminal
court". Sub-section (2) of Section 397 CrPC operates as a check on the
said vast revisional powers ... held thus :
"16. While the text of sub-section (1) of Section 397 of the
Cr.P.C. appears to confer very wide powers
pages
Mohd. Rashid vs State
court". Sub-section (2) of Section 397 CrPC operates as a check on the
said vast revisional powers ... held thus :
"16. While the text of sub-section (1) of Section 397 of the
Cr.P.C. appears to confer very wide powers
passed by any "inferior criminal court". Sub-section (2) of Section 397 CrPC
operates as a check on the said vast revisional powers ... held thus :
"16. While the text of sub-section (1) of Section 397 of the Cr.P.C.
appears to confer very wide powers
passed by any "inferior
criminal court". Subsection (2) of Section 397 CrPC operates as a
check on the said vast revisional powers ... held thus :
"16. While the text of subsection (1) of Section
397 of the Cr.P.C. appears to confer very wide powers
