s.398 & 398 CRPC
Guest
(Querist) 21 August 2009
This query is : Resolved
A Complaint has been dismissed by the Magistrate u/s 203 Cr.P.C.
Does a revision lie u/s 398 only? Is a revision u/s 397 not maintainable?
Is it correct that u/s 398 Cr.P.C. Revisional court can only order inquiry and cannot exercise any other Revisional powers?
Is it correct that for exercising powers u/s 397 Cr.P.C. original records have to be mandatorly called for from the lower court? Does not the Revisional court have power to rely upon copies produced by the parties?
Raj Kumar Makkad
(Expert) 07 October 2009
it is correct that the Revisional Court can order only enquiry and cannot exercise any other revisional power under section 398 of Cr. P. c. and it is also correct that under section 397 cr. P. c. it has to call the record of lower court.
