under sub- Section 2 of Section 397 of Code of Criminal Procedure, 1973, (In brevity Cr.P.C .) to entertain a revision u/s 397 ... under sub- Section 2 of Section 397 Cr.P.C. Legislation has made the provision of bar under Section 397(2) of
order barred under Section 397(2) Cr.P.C. from being challenged under Section 397(1) Cr.P.C. which conferres revisional powers on high ... subjected to revisional powers under Section 397 / 401 Cr.P.C. and in fact are barred by Section 397(2) Cr.P.C. This very
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 ,
Ashok Haranahalli Assts., Advs.)
This Criminal Revision Petition is filed und
er Section
397 read with Section 401 of Cr.P.C. prayin ... Criminal
Procedure Code which deals with revisional
power of the Court. If Section 19 was only
to deal with revisional powers then the
portion
jurisdiction under Section 397 or 401 Cr.P.C . and
not under Section 482 Cr.P.C. and (2) the High
11 Crl ... this revision is an
interlocutory order and it cannot be questioned in
23 Crl.RP 193/14
a revision under Section 397
subjected to revisional powers under Section 397 / 401 Cr.P.C. and in fact are barred by Section 397(2) Cr.P.C. This very ... stage of Section 156(3) Cr.P.C. Resultantly an order under Section 156(3) is not revisable under Section 397(1)
revisional jurisdiction under Section 397 in view of the bar in
sub-sec. (2) thereof. Sub-section (2) of Section 397 reads
thus:
397 ... position, we hold, as it must
be, that revisional jurisdiction Under Section 397 Code of
Criminal Procedure, was available to the Respondent
under Section 451 Cr.P.C., under the
provisions of Cr.P.C . or not to ascertain whether a criminal
petition under Section 482 ... challenge the said order in the
revisional Court by way of filing a revision under Section 397(1)
Cr.P.C. Now, the next question
2022 U/s 482 of Cr.P.C whereas the DSP, CID filed
Crl.RC No.301/2022 U/s 397 and 401 of ... that the criminal petition is not maintainable under
Section 482 Cr.P.C, in view of the bar under Section 397(2)
Therefore, by virtue of Section 397(2) of the
Code of Criminal Procedure (in short, "the
Code"), no revision shall lie before this ... Court by filing revision case invoking revisional
power of this Court under Section 397 r/w. 401
of the Code.
Crl. Rev.No.05/2020
