Sou motu revisional powers

Prakash (Querist) 20 April 2012 This query is : Resolved
Dear Counsels,

Sou motu revisional powers are available to HC under section 397 read with 401. SC had upheld the enhancement of sentence imposed and reversal of discharge of accused by invoking the sou motu revisional powers of HC. Can same sou motu power be invoked by accused to correct any irregularity in his favor.

If HC has dismissed the quash petiton on the sole ground that no revision is preferred against the order of dismissal of discahrge holding that accusd is not competent to question the order as the same was not challegend and became final. Can accused file SLP that HC failed to excercise its sou motu revisional power incorrectly holding that no furhter challegence can be made by accused.

Please clarify.

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Raj Kumar Makkad (Expert) 20 April 2012
The accused in the given case can further file revision before Hon'ble Supreme Court if he feels that his revision petition has wrongfully dismissed.

Prakash (Querist) 20 April 2012
Dear sir,

will it be an SLP or revision before SC. Case is under trial and only half of the prosecution witnesses have been examined.

The remedy to be prayed is to revise the order of framing of charges.
Thanks.