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AJAY KUMAR GUPTA
Sk. Hafizul Haque – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J:
1. This instant application has been filed by the petitioners under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 challenging the legality, propriety and correctness of the Impugned Order dated 18.05.2018 passed by the Learned Additional District and Sessions Judge, Bench-II of City Sessions Court, Bichar Bhawan, Calcutta in Criminal Revision No. 111 of 2017 arising out of an Order dated 04.02.2017 passed by the Learned 8th Metropolitan Magistrate, Calcutta in Case No. C/15865 of 2007 under Sections 417/418/419/420/465/469/471 of the Indian Penal Code, 1860.
2. By the said judgment, the Learned Additional District & Sessions Judge dismissed the Criminal Revisional application and affirmed the order dated 4th February, 2017 passed by the Learned Metropolitan Magistrate, 8th Court at Calcutta. The Learned Magistrate vide order dated 4th February, 2017 rejected the prayer of the petitioners with a liberty to the petitioners to proceed with the case after complying with the provision as laid down in Section 256 read with Section 302 of the Cr.PC.
3. The brief facts, leading to filing of this Criminal Revisional application, are th
Legal heirs must comply with procedural requirements for substitution in criminal proceedings following the death of the original complainant.
Criminal Courts lack the power to review their own orders, and dismissal for non-prosecution is justified when the complainant fails to appear consistently.
The main legal point established in the judgment is that the accused has a right to be heard in a revision petition challenging the order of dismissal of complaint, even if no process has been issued....
The main legal point established in the judgment is that legal heirs of the deceased complainant can be substituted in his place and can continue the proceeding after his death, and the right to pros....
Abatement provisions for appeals do not apply to revisions, allowing a victim to continue proceedings even after the original revisionist's death.
The accused has a right to be heard in revisional proceedings if the complaint is dismissed under Section 203 of the Cr.P.C.
Criminal proceedings cannot supersede pending civil matters; ongoing civil disputes should not be criminalized unless substantial evidence exists.
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
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