SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1987 Supreme(SC) 880

SUPREME COURT OF INDIA
Ranganath Misra : S.Ranganathan
Rajan Kumar Machananda
Versus
State Of Karnataka
Case No. : 604 of 1987
Date of Decision : 11/23/87

Headnote:

Criminal Procedure Code – Section 397(3) - Jurisdiction of High Court - Exercise of inherent powers - Respondent-State had challenged the order before the court of Sessions when the learned Magistrate before whom the matter was proceeding directed release of the truck in favour of the appellant. The revisional court dismissed the petition of the State. A second revision did not lie at the instance of the State to the High court in view of the provisions of S. 397(3 of Criminal Procedure Code. Obviously, to avoid this bar, the application moved by the State before the High court was stated to be under S. 482 Criminal Procedure Code asking for exercise of inherent powers – Held, It is not disputed by counsel appearing for the State that the move before the High court was really on application for revision of the order of the Magistrate releasing the truck. That is exactly what is prohibited under Section 397(3 Criminal Procedure Code. Merely by saying that the jurisdiction of the High Court for exercise of its inherent power was being invoked the statutory bar could not have been overcome. If that was to be permitted every revision application facing the bar of S. 397(3 of the Code could be labelled as one under S. 482. We are satisfied that this is a case where the High court had no jurisdiction to entertain the revision - Appeals allowed

(1) SPECIAL leave granted.

(2) HEARD learned counsel for the parties. The respondent-State had challenged the order before the court of Sessions when the learned Magistrate before whom the matter was proceeding directed release of the truck in favour of the appellant. The revisional court dismissed the petition of the State. A second revision did not lie at the instance of the State to the High court in view of the provisions of S. 397(3 of Criminal Procedure Code. Obviously, to avoid this bar, the application moved by the State before the High court was stated to be under S. 482 Criminal Procedure Code asking for exercise of inherent powers. In exercise of that power, the High Court has reversed the order of the Magistrate as affirmed by the Ses- sions Judge. The question for consideration is as to whether the bar under S. 397(3 Criminal Procedure Code should have been taken note of to reject the revision at the instance of the State government or action taken by the High court in exercise of its inherent power has to be sustained. It is not disputed by counsel appearing for the State that the move before the High court was really on application for revision of the order of the Magistrate releasing the truck. That is exactly what is prohibited under Section 397(3 Criminal Procedure Code. Merely by saying that the jurisdiction of the High Court for exercise of its inherent power was being invoked the statutory bar could not have been overcome. If that was to be permitted every revision application facing the bar of S. 397(3 of the Code could be labelled as one under S. 482. We are satisfied that this is a case where the High court had no jurisdiction to entertain the revision. The appealS allowed and we set aside the order of the High court. The order of the Magistrate as affirmed by the Sessions Judge is upheld.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top