CiteTEXT
...lie at the instance of the State to the High Court in view of the provisions of Section 397(3) of CrPC. Obviously, to avoid this bar, the application moved by the State before the High Court was...question for consideration is as to whether the bar under Section 397(3) CrPC should have been taken note of to reject the revision at the instance of the State Government or action taken by the High Court...the Magistrate releasing the truck. That is exactly what is prohibited under Section 397(3) CrPC. Merely by saying that the jurisdiction of the High Court for exercise of its inherent power was being...
...Corporation had already filed a revision against the order of discharge passed by the Chief Judicial Magistrate and in view of Section 397(3) of the Criminal Procedure Code, the second revision...not maintainable under Section 397(3) of that Code.4. In Krishnan v. Krishnaveni (1997) 4 SCC 241 this question.... A Bench consisting of three Judges of this Court held:“[T]hough the revision before the High Court under sub-section (1) of Section 397 is prohibited by sub-section (3) t...
...Section 397 of the Code of Criminal Procedure, 1973 (for short “the Code”) the High Court was devoid of power and jurisdiction to entertain the second revision due to prohibition by sub-section (3) of...strong reliance on the abovesaid two decisions of this Court. He further contended that when there is a prohibition under Section 397(3) of the Code, the exercise of the power being in violation...object of Section 397(3) is to put a bar on simultaneous revisional applications to the High Court and the Court of Sessions so as to prevent unnecessary delay and multiplicity of proceedings. As seen...
...R.S Narula, learned Counsel for the appellant contended that the revision application to the High Court was incompetent as it was barred by the provisions of Section 397(3) of the Code of Criminal...provisions of Section 397(3) of the Criminal Procedure Code, 1973. Section 397 which corresponds to Section 435 of the Criminal Procedure Code, 1898 invests the High Court and the Sessions Judge w...perfect justice. The first change is that introduced by Section 397(2) which bars the exercise of revisional power in relation to any interlocutory order passed in any appeal, enquiry, trial or other proceeding. The second is that i...
...High Court in the facts and circumstances of the case.
In a case where the sessions court exercising revisional power under Section 397(3) Cr.P.C. has....) & Ors., , "held :"
".....Section 397(3) bars a second revision application by the same party. It is now well-settled that the inherent...and that the object of Section 397(3) is to put a bar on simultaneous revisional applications to the High Court and the court of sessions so as to prevent unnecessary delay and multiplicity of...
...scope and power of the High Court under Section 482 of the Code. The question before the Court was if in view of the bar of second revision under sub-section (3) of Section 397 of the Code was prohibited...Section 397(3) of the Code, a person — accused/complainant — cannot be allowed to take recourse to the revision to the High Court under Section 397(1) or under inherent powers of the High Court under ...able to maintain herself. All this the High Court did in exercise of its powers under Section 482 of the Code which powers are not a substitute for a second revision under sub-section (3) of Section 397 of...
...:“10. Ordinarily, when revision has been barred by Section 397(3) of the Code, a person — accused/complainant — cannot be allowed to take recourse to the revision to the...High Court under Section 397(1) or under inherent powers of the High Court under Section 482 of the Code since it may amount to circumvention of the provisions of Section 397(3) or ...Section 395 IPC is made out, he will pass necessary orders against the accused persons and commit the case to the Sessions Judge, if necessary.3. The facts giving rise to the...
...having regard to the specific provisions of sub-section (3) of Section 397 of the Code, the revisional application before the Patna High Court at the instance of the respondent was not maintainable. Mr...Sanyal urged that the High Court had exercised its jurisdiction erroneously in entertaining a second revision, which was barred under sub-section (3) of Section 397 of the Code, in purported exercise...exercised its powers under Section 482 of the Code which powers were not a substitute for a second revision under sub-section (3) of Section 397 of the Code.This...
...Court on the maintainability of the petition in view of the statutory bar contained in Section 397(3) Cr.P.CIn compliance of the order dated 18.05.2012, learned...in Section 397(3) Cr.P.CHaving heard learned counsel for the petitioner and after going through the record of the case, this Court is of the considered...statutory bar contained in Section 397(3) Cr.P.C, much less dealing with the issue of maintainability of a quashing petition under Section 482...
...was challenged in the court of Ld. ASJ under section 397 Cr. P.C wherein the order of the Ld. MM framing charge against the petitioner was upheld vide impugned order dated 19.09.2007...charges under section 406 IPC. He submitted that the second revision being barred under section 397(3) Cr. P.C not maintainable in this Court.4. There was, in...fact, no dispute with regard to the proposition that there was statutory bar contained in section 397(3) Cr. P.C for the second revision petition. The power of this Court...
...under Section 397(3) Cr. P. C, the party cannot be allowed to take recourse of
Section 482 Cr. P. C. and thereby circumvent the
provisions of...Section 397(3) Cr. P. C. particularly when none of the conditions required for the exercise of inherent powers is present."
While in Raju's case, another single Bench of this...specific bar put in Sub-section (3) of Section 397 Cr. P. C. regarding maintainability of the second revision petition by the same person, the powers can be exercised under...
...Section 397(3) of the Criminal Procedure Code. Matter has been referred to the Division Bench by Thomas, J.2. Petitioner is alleged to have committed offence under...revision under Section 397(3) is barred High Court's inherent jurisdiction to consider the matter raised before it within its powers under Section 482 of the Code cannot be denied. Certainly under the...barred by the Code. As second revision is barred under Section 397(3), no criminal revision can be entertained before the High Court.7. The powers of the High Court under Section 482...
...petitioner had already availed his revisional remedy before the Sessions Court, the bar set out under Section 397 (3) of Cr.P.C. will come into play. If an application under...Section 397(3) of Cr.P.C. has been made by any person either to this Court or Sessions Court, no further application filed by same person shall be entertained by the other of them...category. 4.No such ground has been made out. Therefore, this petition is dismissed, in view of the bar set out under Section 397(3) of Cr.P.C...
...under Section 397(3) Cr. PC.
4. In Rajinder Prasad Vs. Bashir, (2001) 8 SCC 522, the Supreme Court...,
"Ordinarily, when revision has been barred by Section 397(3) of the Code, a person - accused/complainant - cannot be allowed to take recourse to the revision to...Section 397(1) or under inherent powers of the High Court under Section 482 of the Code since it may amount to circumvention of provisions of Section 397(3) or ...
...397(3) Cr. P.C, therefore, the petitioner has filed this miscellaneous petition under Section 482, Cr. P.C It has been held by the Hon'ble Supreme Court in...statutory bar could not have been over-com. If that was to be permitted, every revision application facing the bar of Section 397(3), Cr. P.C could be labelled as under...Judge, where he was unsuccessful. As per the provisions of Section 397(3) Cr. P.C a second revision does not lie at the instance of the same person. Sub...
...revisional court, the second revisional court is barred under the provision of Section 397(3) Cr.P.C. and a court can only entertain a misc. petition in rarest of rare cases...inherent powers. There being a specific bar under Section 397(3) Cr.P.C. and the case do not fall under the rarest of rare cases.
6. Consequently, the misc. petition is dismissed...Order 22/02/2017
1. The petitioners have preferred this criminal misc. petition under Section 482 Cr.P.C. aggrieved...
...withdrawing the attachment. The Sessions Judge had dismissed the said application on May 14, 1979. Section 397(3) bars a second revision application by the same party. It is now well settled that the...to the possession of the property arose between the appellants and the respondent-Ramshri. She filed an application under Section 145 of Criminal Procedure Code (Code) before the Sub-Divisional...Magistrate, Sadabad in which she claimed ownership of the suit property. On May 31, 1976, the learned Magistrate passed a preliminary order under Section 145 of the Code and thereafter on April 22, 1977...
.... Ordinarily, when a revision has been barred under Section 397(3) of the Code, the complainant or the accused cannot be allowed to take recourse to revision before the High...Court under Section 397(1) of the Code, as it is prohibited under Section 397(3) Cr.P.C However, the High Court can entertain a petition under...(SC) : 2005 (2) SCC 571:“Ordinarily, when a revision has been barred under Section 397(3) of...
...section 397 (3) of the code of criminal procedure by making an application under section 482 of the code of criminal procedure as has been done in this case, if this court finds that any...subjected to the provision made in section 397 (3) of the code. In view of her own statement in her examination - in - chief that she would require rs. 100/ - per month for...B.K.Behera, J.:-
(1) The petitioner has been directed to pay a sum of rs. 150/ - per month as maintenance to the opposite party in a proceeding under section 125 of the...
...petition is a second revision petition against the impugned order dated 11-9-1995 passed by the Metropolitan Magistrate, which is expressly barred by Section 397(3) Cr.P.C...absolutely necessary, in that event provision of sub-section (3) of Section 397 Cr.P.C cannot limit or affect the exercise of inherent power under Section...injustice stares the Court in the face, then notwithstanding the prohibition contained in Section 397(3) Cr.P.C, the Court must exercise the inherent powers to annul that...