Section 401 in The Code of Criminal Procedure, 1973
401. High Court's powers of revision.
(1) In the case of any proceeding the record ... disposed of in the manner provided by Section 392. (2) No order under this section shall be made to the prejudice of the accused
extent of the revisional
power conferred by Section 401 of the Code of Criminal Procedure. If
the High Court could not convert a finding ... revisional
jurisdiction by the High Court under Section 401 of the Code of
Criminal Procedure in an appeal against acquittal by a private party
mandatory under the provisions of Sub-section (2) of Section 401 of the Code of Criminal Procedure, and, thirdly, it has been alleged that since ... Section 401 of the Code of Criminal Procedure on one side and Section 426 of the Code of Criminal Procedure, on the other
Court of Sessions by Section 307 . Sub-section (2) states that no
order under Section 401 Cr.P.C. shall be made to the prejudice ... Court under Section 482 Cr.P.C. and not its revisional
jurisdiction under Section 397 Cr.P.C. read with Section 401
Versus
State of Sikkim ..... Respondent
Application under section 397 and 401
of the Code of Criminal Procedure, 1973.
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Appearance:
Mr. N. Rai, Sr. Advocate with ... with the above limited purpose.
The provisions contained in Section 395 to Section 401
CrPC, read together, do not indicate that the revisional
matter to which the executive power of the State extends.
CRIMINAL PROCEDURE CODE .
Section 401 (1) . When any person has been sentenced to punishment ... under the above orders for issue of formal orders under Section 401 , Criminal Procedure Code."
6. On 2nd of June 1954, the following order
commenced in terms of Section
399(1) Cr.P.C., the provisions of sub-sections (2) to (5) of Section
401 Cr.P.C. shall ... revisional power under Section 397 read with Section 399 Cr.P.C.
notwithstanding the bar contained in Section 401(4) thereof
sec.1 of Sec.401 of the Code. One such power under sub sec.1 of sec.401 is a power conferred under Sec ... 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
sentence, by invoking Section 377 , Cr.P.C. Since inadequacy of impugned sentence is challenged Under Section 397 read with Section 401 ... Court of Appeal by Sections 386 , 389 , 390 & 391 Cr.P.C.. As per sub section (4) of Section 401 Cr.P.C. where
under the Code of Criminal
Procedure (for short, “the CrPC ” or “Code”)’ at the time as provided for under
Section 401(5) above ... Code
of Criminal Procedure. Sub-section (3) of Section 401 in terms
provides that nothing in Section 401 shall be deemed to authorize
a High
