..., therefore, that the learned Additional Sessions Judge, while functioning under section 397 CrPC was competent in law to direct that petitioner Narendra Kumar Srivastava be impleaded as a co-accused...N. K.Srivastava to be the main accused in whose absence the trial of the other accused would be vitiated and that he bonafide believed that while acting under section 397 CrPC he could exercise the...the observation of this Court that the Court was not satisfied that the learned Addl. Sessions Judge while functioning under Section 397 CrPC was competent in law to direct, N. K. Srivastava to be...

...revision under Section 397 CrPC. The High Court by the impugned judgment dated 7-8-2003 minutely re-examined and reappreciated the whole evidence. It came to contrary conclusion and acquitted the three...evidence. It is argued that the High Court exceeded its powers of revision under Section 397 CrPC.13. On behalf of the accused, learned Senior Counsel Shri Tulsi made...required to exercise in a revision under Section 397 CrPC. On behalf of the accused, reliance is placed on the decision of this Court to which one of us (Justice Sabharwal) is a party i.e...

...500. It appears that this application was not pursued and therefore came to be dismissed. The appellant preferred a criminal revision under Section 397 CrPC before the Sessions Judge, which was...397 CrPC is a simultaneous revision, but the inherent power of the High Court is still available under Section 482 of the Code and it is paramount power of continuous superintendence of the High Court...Order1. Delay condoned.2. Leave granted.3. On a petition under Section 125 CrPC filed by...

...appellant-wife has a remedy of a revision under Section 397 CrPC. 7. This Court has, in a catena of decisions, provided that nomenclature of a petition is immaterial and for...doing substantive justice, the High Court can always convert a petition under Section 482 CrPC to a revision under Section 397 CrPC and vice versa. The approach of the...Another2, this Court examined the relevant scope of Section 482 CrPC and Section 397 CrPC and held that nothing in CrPC, n...

...documents and rejecting the application under Section 311 CrPC, were interlocutory orders and as such, the revision against those orders was clearly barred under Section 397(2) CrPC. The trial court...examined as a first witness for the prosecution on 24-8-2004. He was cross-examined also.3. On 20-9-2004 the respondent herein filed applications under Section 91 CrPC and Section 311 CrPC...397 CrPC and the High Court, by the impugned common order, proceeded to allow the same. It is this order, which has fallen for consideration before us in these appeals.4. Very...

...summoning the accused, including the respondent herein. There was no jurisdiction in the learned Additional Sessions Judge, Panchkula to entertain the revision under Section 397 CrPC. According to the...learned counsel, neither the order issuing summons to the respondent dated 30-7-2001, nor the order dated 17-4-2007, or any other order, can be challenged by way of revision under Section 397 CrPC. It...was contended that both the orders viz. 30-7-2001, as well as 17-4-2007, were only interim orders and therefore, the bar under Section 397(2) CrPC would operate for the learned Additional Sessions...

...) holding that availability of remedy under Section 397 CrPC would make a petition under Section 482 CrPC not maintainable.2. While considering all these matters at the SLP stage...remedy of criminal revision under Section 397 CrPC by itself cannot be a good ground to dismiss an application under Section 482 CrPC. But it noticed that a later Division Bench judgment of this Court in...)We venture to add a further reason in support. Since Section 397 CrPC is attracted against all orders other than interlocutory, a contrary view would limit the availability of...

...submitted that there was no ground made out for exercise of revisional jurisdiction under Section 397 CrPC for quashing the charges framed. It was proved on the materials on record that the respondent...under Section 397 CrPC has been time and again explained by this Court. Further, the scope of interference under Section 397 CrPC at a stage, when charge had been framed, is also well settled. At ...of the Code of Criminal Procedure.27. Now, reverting to the limit of the scope of jurisdiction under Section 397 CrPC, which vests the court with the power to call for...

...the appellant wife and to each of the daughters, respectively.3. Aggrieved by the award of maintenance, the respondent preferred revision petition under Section 397 CrPC before..., and the appellant wife along with her children went to her parents' house at Jabalpur. The appellants claimed maintenance by filing petition under Section 125 CrPC before the Second Additional...such factual findings and upsetting the maintenance order.6. The proceeding under Section 125 CrPC is summary in nature. In a proceeding under Section 125 CrPC, it is not...

...” error having been committed by the courts below.7. It is submitted that the language of Section 397 CrPC is different and it does not speak of jurisdictional error which is...appellant has been convicted under Section 279 read with Section 304-A IPC and sentenced to a fine of Rs 1000, in default simple imprisonment for a period of ten days, on the first count and to simple...duty. In such circumstances, the contention is, it was obligatory to obtain sanction before initiation of the prosecution which is otherwise barred under Section 140 of the Delhi Police Act. It...

...maintainable and the orders of the learned Chief Judicial Magistrate could have been challenged before the Sessions Court in terms of Section 397 of the Code of Criminal Procedure (in short “CrPC”). It...case in which direction was given did not involve any complexity. It is pointed out that under Section 397 CrPC either the Sessions Court or the High Court could be approached. In that sense, the High..., rightly appears to have set aside the orders passed by the learned Chief Judicial Magistrate. The High Court had no basis to doubt the bona fides of CBI in moving the application before it under Section 397 CrPC. There...

...revisited since the appellants have been denied access to justice in that:(i) The right to file a revision petition under Section 397 of the Code of Criminal Procedure, 1973 or the CrPC as....14. To appreciate the submission, it is necessary to interpret Section 397 CrPC which reads as follows:“397. Calling for records to exercise of powers ....”15. While the text of sub-section (1) of Section 397 CrPC appears to confer very wide powers on the court in the exercise of its revision jurisdiction, this power is equal...

..., she was produced before the Vth Metropolitan Magistrate who remanded her to judicial custody. Two weeks thereafter, Joy Immaculate filed a criminal revision petition under Section 397 CrPC being Crl...revision petition under Section 397 CrPC after two weeks on 21-11-2001.8. The first question which needs examination is whether the revision petition was maintainable. Sub...-section (2) of Section 397 CrPC lays down that the power of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, enquiry, trial or...

...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...

...prevent abuse of the process of any court or otherwise to secure the ends of justice.”As Section 397 CrPC is attracted against all orders other than...SCC OnLine Bom 8403, wherein the High Court has dismissed the application filed under Section 482 of the Criminal Procedure Code, 1973 (for short “CrPC”) against the order of the trial...cognizable offence and further directed the police to investigate the same under Section 156(3) CrPC and send a report to the court. Pursuant to the order, the police has registered a complaint on 28-8...

...bar under sub-section (2) of Section 397 would apply. On the other hand, it must be held to be intermediate or quasi-final and, therefore, the revisional jurisdiction under Section 397 could be exercised a...petition against the order of summoning is maintainable? and (ii) whether in the facts and circumstances of the present case, the sanction under Section 197 of the Code of Criminal Procedure (CrPC) is...: whether sanction under Section 197 CrPC is mandatorily required for the prosecution of Respondent 2 for the offences under Sections 420, 406 and 161 IPC as he happened to be the Deputy Excise and...

.... Sub-section (2) of Section 397 CrPC providing that the power of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry..., trial or other proceedings was noticed and it was held that on a plain reading of Section 482, it would follow that nothing in the Code, which would include sub-section (2) of Section 397 also, “shall be...setting at naught one of the limitations imposed upon the exercise of the revisional powers but adopting a harmonious approach held that the bar provided in sub-section (2) of Section 397 operates only...

...criminal revision 1 (2 of 2) [CRLR-501/2005] petition under Section 397 read with Section 401 of CrPC is not...maintainable in view of the specific bar under Sub-section 3 of Section 397 CrPC, therefore this criminal revision stands dismissed as not maintainable. (BIRENDRA KUMAR),J ..., learned Civil Judge (Junior Division) Cum Judicial Magistrate, Loonkaransar took cognizance for offence under Section 147, 447 and 379 of IPC against the respondents in criminal case No.67/2004. The same...