...of appeal but at the same time, it is the duty of the court to correct manifest illegality resulting in gross miscarriage of justice.5. More than half a century ago, in D...by a private complainant is not to be lightly exercised, it could be exercised only in exceptional cases to correct a manifest illegality or to prevent gross miscarriage of justice and not to be...miscarriage of justice.3. The principles on which a revisional court can set aside a judgment and order of acquittal passed in favour of the accused are well settled by a catena of...

...which would otherwise tantamount to gross miscarriage of justice. On scrutinizing the impugned judgment of the High Court from the aforesaid standpoint, we have no hesitation to come to the conclusion...other words, the jurisdiction is one of supervisory jurisdiction exercised by the High Court for correcting miscarriage of justice. But the said revisional power cannot be equated with the power of an...G.B Pattanaik, J.— The State of Kerala is in appeal against the judgment dated 4-2-1994 of the Kerala High Court in Criminal Revision Petition No. 521 of 1988. By the impugned...

...exist a manifest illegality in the judgment of acquittal or a gross miscarriage of justice. An interference in revision with an order of acquittal can only take place, if there is a glaring defect of...Session ordering the acquittal or there must be a gross miscarriage of justice. In explaining these two propositions, this Court further states that the High Court is not entitled to interfere even if... http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 4 PETITIONER: MAHENDRA PRATAP SINGH...

...not having indicated as to why the provisions of Section 360 CrPC have not been applied, there has been a gross miscarriage of justice and the legislative mandate engrafted in the aforesaid two...incident is the outcome of an accident in the morning when Smt Kala, wife of the complainant was hit by a tractor which was being driven by Pratap, one of the accused persons. Admittedly, there has been no...act of misbehaviour or mischief attributed to the accused when they remained in jail.4. When the case came up for admission before this Court, the learned counsel for the...

...(1999) 2 SCC 452 it was held that the revisional jurisdiction is one of supervisory jurisdiction exercised by the High Court for correcting miscarriage of justice. But the...miscarriage of justice.12. We find that the trial court and the Revisional Court have analysed the evidence in detail to come to the conclusion about the guilt of the accused...High Court to reappreciate the evidence and come to its own conclusion on the same unless any glaring feature is brought to the notice of the High Court which would otherwise tantamount to gross...

...the prevention of a gross miscarriage of justice. (See Satyendra Nath Dutta v. Ram Narain (1975) 3 SCC 398; Akalu Ahir v. Ramdeo Ram...acquittal, ought not to be exercised lightly and that it can be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality or...Y.V Chandrachud, J.— The narrow question for consideration in this appeal by special leave is whether in the exercise of its revisional powers under Section 439 of the...

...only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice. This...in a revision and to order a retrial. They are that there must exist a manifest illegality in the judgment of the Court of Session ordering the acquittal or there must be a gross miscarriage of justice. In...reappreciated the evidence. The High Court has only demonstrated as to how the material evidence has been overlooked leading to manifest illegality resulting in gross miscarriage of justice.”It...

...Sessions Judge for discarding the testimony of PWs 6 and 7 and having arrived at the conclusion that those reasons are in the realm of conjectures and there has been gross miscarriage of justice and...evidence, then it would be just and proper for the High Court to reverse the judgment of acquittal, recorded by the Sessions Judge, as otherwise, there would be gross miscarriage of justice. Bearing in mind...G.B Pattanaik, J.— This appeal by the four accused persons is under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 against the judgment...

...procedure which has caused gross miscarriage of justice or for finding out that whether there has been violation of the principles of natural justice which vitiates the entire proceedings or that the...mandatory provisions of the Act or rules or can be said to be in violation of the principles of natural justice or can be said to be without jurisdiction, it would be impermissible for the High Court to...G.B Pattanaik, J.— The Union of India in this appeal has challenged the judgment dated 12-11-1993 of the Division Bench of the Bombay High Court in Criminal Writ Petition No...

...defects. Firstly, because the enquiry conducted by the enquiry officer was unfair and had resulted in gross miscarriage of justice on account of the failure of the enquiry officer to provide a...disciplinary authority. All told, the enquiry officer, the disciplinary authority and the appellate authority have faltered in the discharge of their duties resulting in miscarriage of justice. The High...order or the disciplinary authority for re-examination and fresh determination of the respondent's guilt would not only be harsh but would tantamount to denial of justice to him. The High Court was...

...justice requires interference for the correction of a manifest illegality or the prevention of gross miscarriage of justice. The High Court will not be justified in interfering with an order of acquittal...illegality resulting in grave miscarriage of justice, exercise of revisional jurisdiction in such cases is not warranted.14. We are, therefore, satisfied that the High Court was.... 193 of 1992 charged of the offence under Sections 302 and 302/114 of the Indian Penal Code. The learned Sessions Judge by judgment and order dated 21-1-1994 acquitted the appellants of the charges...

...only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice. This jurisdiction...Justice Sen of the High Court of Judicature at Fort William in Bengal, directing a retrial of the appellant D. Stephens, who had been acquitted by the Chief Presidency Magistrate of contravening the...the Privy Council on the ground that the jurisdiction to direct a retrial was so exercised in the case as to constitute an infringement of the essential principles of justice...

..., or forms of legal process have been disregarded or otherwise there has been a gross miscarriage of justice. Where the judgment which is the subject of appeal under that article, is one of acquittal...not interfere with judgments of acquittal on a mere re-appreciation of evidence. But if there are glaring infirmities in the judgment of the High Court resulting in a gross miscarriage of justice, it is...by the High Court which led to serious errors and to the consequent miscarriage of justice. Shri Prithvi Raj submitted that where, as here, the High Court reverses a conviction on conjectures and not...

...interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken...manifest error on a point of law and thus a flagrant miscarriage of justice, exercise of revisional jurisdiction under this statute ought not to be called for. It is not to be lightly exercised but only in exceptional situations where the justice delivery system requires interference for correction of a manifest illegality or prevention of a gross miscarriage...the revisional jurisdiction as envisaged under Section 401 was to confer upon superior criminal courts a kind of paternal or supervisory jurisdiction, in order to correct miscarriage of justice...

...with an order of acquittal except in exceptional cases where the interest of public justice requires interference for the correction of a manifest illegality or the prevention of gross miscarriage of justice. The...Adarsh Kumar Goel, J.— This appeal has been preferred against the judgment and order dated 21-11-2006 passed by the High Court of Allahabad in...Runika Bhardwaj v. State of U.P Criminal Revision No. 1159 of 2002 By the impugned order Criminal Revision No. 1159 of 2002, the High Court has allowed the revision petition...

...miscarriage of justice, if the informants, who are the most aggrieved persons are not permitted to assist the Public Prosecutor in conducting the trial. It has been held by this Court that an...jurisdiction under Section 482, the High Court had dismissed the same on the ground of locus. According to the petitioners, who happened to be the wife and brother of the deceased, there will be a gross...OrderHeard the learned counsel for the petitioners and Mr Qamaruddin appearing for the accused persons and Mr Jain appearing for the State of Rajasthan. The sole grievance...

...no reasonable person could have taken. It was a wholly erroneous view of the evidence which has resulted in gross miscarriage of justice inasmuch as a murderer escapes punishment”. In the...Kapur, J.— The appellant along with one Qudrat Ullah was tried for the murder of one Sabir. The latter was tried under Section 302 read with Section 114 of the Indian...Penal Code for abetment, and the former under Section 302 of the Indian Penal Code. Both the accused were acquitted by the learned Sessions Judge of Bareilly. But the State took an appeal...

...of the appellate court but also such infraction has caused a gross miscarriage of justice.6. Coming now to the second question, the law is fairly well settled that in a...G.B Pattanaik, J.— This appeal by the State of Tamil Nadu is directed against the judgment of the Division Bench of Madras High Court, against the acquittal of the respondent...in Death Reference Case No. 2 of 1995, arising out of Sessions Case No. 169 of 1994. The learned Sessions Judge convicted the accused respondent of the charge under Section 302 for having murdered his...

...power should be sparingly and cautiously exercised only when the court is of the opinion that otherwise there will be gross miscarriage of justice. The Court had also observed that social stability and...growth in society is against the interest of justice and cannot be held to be an abuse of process of court as concluded by the High Court.5. Mr U.R Lalit, appearing for...otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an...