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Anandakumara MB (Lawyer)     07 January 2010

criminal revesion petetion u/s 397

CRL.RP was dismissed in the session court on the ground that delay was unexplained and complainant was hostile in the trial. The offence was 307IPC.The same CRL.RP can file in HC as CRL.RP u/s 397 R/W 401? The error was occued in the CJ (Jr.Div) & JMFC while commiting the offence. The A5 was given up with out any report and not informed to the complainant. Is it the right procedure to file the CRL.RP in HC? also any other valuable point needs to explain. 



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 1 Replies

N.K.Assumi (Advocate)     07 January 2010

Power under section 397, 401, and 482 are analogous to 435, 439 and 561-A of the old code. Discritieonary power when administered on the administrative side is knwon as power of superintndence like Article 227 of the Constitution, and on the judicial side as the power of revision. In exercise of power of revision the High Court can at any stage on its own motion, if it so desires and certainly when illegalities and irreguralities resulting in injustice are brought to its notice, call for the records to examine them. The object of revisional jurisdiction under 401 is to confer power power on superior courts- a kind of parental or supervisory jurisdiction- in order to correct miscarriage of justice arising from the misconception of law, irregurality of proveedings, neglect of proper precaution or apparent harshness or treatment has resulted,on the one hand, and  on the other hand in some undeserved hardship to individuals.Under section 401: The High Court can examine (1) When the records have been called by itself (2) When the proceedings otherwise comes to its knowledge. Refer the Supreme Court classic case as reported in : 1992-(002) SCALE-0338B-SC.


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