charge under that section) have been acquitted under Section 102 , as the charges under the two sections contained, having regard to their form, the same ... offence under Section 402 , yet because he has, though mistakenly, acquitted the accused of the charge tinder Section 399 and though he has rightly held
High Court in revision under Section 400 (1) as provided for in Sub-section (1) of Section 399 . Sub-section (3) of the section provides ... 399 (3) becomes unnecessary. That is not the object of the Section. Section 399 (3) bears out the object with which it was enacted
High Court under Section 386 which it can exercise as a Court of revision and Sub-section (7) of Section 399 directs that the Sessions ... High Court under Sub-section (1) of 8. 401. The language of Section 401 and Section 399(1) is worth noting. It merely refers
expressly by Section 401 ; and that the provisions of Section 401 read with Section 386(c)(iii) were supplemental to those Under Section 377. This ... Section 401. And the most significant feature is that this Sub-section (3) is also made applicable to the Sessions Judge by Section 399
offence did not fall Under Section 399 or Section 402 , Indian Penal Code. Section 399 says that whoever makes any preparation for committing dacoity, shall ... hurt or of instant wrongful restraint, the provisions of Section 391 and of Section 399 could not be attracted. The argument of the learned Counsel
person shall be entertained by the other of them.
Sub-section (3) of Section 399 runs as follows:
Where any application for revision is made ... passage extracted therefrom as hereinbelow:
7. The language of Section 397(3) and Section 399(3) , however, leads to a different conclusion. The statute
view of the powers conferred on him by sub-Section (1) of Section 399 of Cr.P.C. which is the analogous provisions of Section ... High Court under sub-section (1) of Section 401 Cr.P.C. Sub-section (1) of Section 401 Cr.P.C. confers power upon
view of the provisions of Sub-section (3) of Section 397 and Sub-section (3) of Section 399 of the Code. However, the present petition ... matter is expressly ousted by Sub-section (3) of Section 397 and Sub-section (3) of Section 399 of the Code.
10. By virtue
provided by Sub-section (3) of Section 1 .
20. Again, Section 3 declares that from the date so fixed, Section 399 of the Criminal Procedure ... tification (See Sections 1 and 2 , Act V of 1876). That Section 318 of the Code of 1872 was reproduced as Section 399 of present
section (1) of Section 397 Cr.P.C.
42. As noted above, under sub section (1) of Section 399 Cr.P.C the Sessions Judge ... section (1) of Section 397 of the Code of Criminal Procedure. Further, under Sub-section (1) of Section 399 of Sessions Judge, while dealing with
