Cr.P.C were brought in the Cr.P.C wide
Code of Criminal Procedure (Amendment) Act, 2005. Section 378(1)(b)
... situation." (emphasis added)
6. Section 401(4) Cr.P.C mandates that if the Code of Criminal
Procedure provides for an appeal
present Criminal Revision Petition was instituted in suo moto
exercise of powers under Section 401 of the Code of Criminal Procedure,
1973 (" CrPC ... Section 161 of the CrPC, but
that alone need not deter this Court from proceeding ahead by exercising its
jurisdiction under Section 401
initiated proceedings under Section 401 CrPC
in Criminal Revision Petition 245/2017, Criminal Revision Petition
246/2017 and Criminal Revision Petition 249/2017 ... Criminal Revision Petition
245/2017, Criminal Revision Petition 246/2017 and Criminal Revision
Petition 249/2017.
22. The directions passed by this Court in Criminal
CRL.REV.P. 604/2018 has been filed under Sections 397/401 read
with Section 482 of the Code of Criminal Procedure, 1973, (hereinafter
referred ... majority.
2. CRL.REV.P. 605/2018 has been filed under Sections 397 / 401 read
with Section 482 Cr.P.C challenging the Order dated
CRL.REV.P. 604/2018 has been filed under Sections 397/401 read
with Section 482 of the Code of Criminal Procedure, 1973, (hereinafter
referred ... majority.
2. CRL.REV.P. 605/2018 has been filed under Sections 397 / 401 read
with Section 482 Cr.P.C challenging the Order dated
with the principles of criminal
jurisprudence. The revisional power of the court under
Sections 397 to 401 CrPC is not to be equated ... CRL.REV.P. 192/2021 Page 14 of 15
this Court does not deem it fit to exercise its jurisdiction under Sections
397 / 401
Judgment
reads as under:
6. Section 401(4) Cr.P.C mandates that if the Code of
Criminal Procedure provides for an appeal ... been
defined in the Cr.P.C but has been defined in Section 11 of the
Indian Penal Code. Section 11 IPC reads as under
SUBRAMONIUM PRASAD
SUBRAMONIUM PRASAD, J.
1. This revision petition filed under Section 397 / 401 Cr.P.C is directed
against the order dated 28.04.2018, passed ... this, the High Court while
exercising its jurisdiction under Section 397 / 401 CrPC ought not to interfere
with the four orders passed
offence under Section 138 of the
Negotiable Instruments Act and the judgments are not perverse warranting
interference under Section 397 / 401 ... appeal.
6. The scope of the revision petition under Sections 397 / 401 Cr.P.C.
read with Section 482 Cr.P.C. is extremely narrow
onus of
proof.
13. The scope of the revision petition under Sections 397 / 401 Cr.P.C.
read with Section 482 ... case has been made out which would warrant interference under
Section 397/401 Cr.P.C.
16. Accordingly, the revision petition is dismissed along with
