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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Ajay Pal Singh – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
|---|
| 1. details of the petition and earlier firs. (Para 1 , 2) |
| 2. contradictions in witness statements. (Para 3 , 4) |
| 3. analysis of trial and appellate decisions. (Para 5 , 6 , 11) |
| 4. revisional jurisdiction limitations. (Para 10 , 12 , 13) |
| 5. final ruling on petition dismissal. (Para 14 , 15) |
JUDGMENT
Subramonium Prasad, J. This revision petition filed under Section 397 /401 Cr.P.C is directed against the order dated 14.02.2020, passed by the Additional Session Judge- 03, North West, Rohini Courts, New Delhi in Criminal Appeal No.66/2019 where by the Additional Session Judge has dismissed the appeal filed by the petitioner and has affirmed the order dated 16.03.2019, passed by the Metropolitan Magistrate-02, North West, Rohini Courts, New Delhi. The learned Metropolitan Magistrate vide order dated 16.03.2019 has acquitted the respondents No.2 herein for offences under Section 506 IPC arising out of NCR No.23/2016 dated 02.04.2016, registered at Police Station Shalimar Bagh.
2. It is stated that the petitioner herein is a Senior Citizen and he has filed several FIRs against the respondent No.2 herein. The first FIR being FIR No.755/2000, was registered by the petitioner aga
Criminal Revision – Scope of - Court while exercising its jurisdiction under Section 397/401 Cr.P.C. cannot substitute its own conclusion to the one arrived at by the Courts below.
At the charge stage, the court must identify a prima facie case based on evidence present, disregarding minor contradictions in witness testimony.
The charge should be considered groundless only if there is no basis or foundation in evidence.
Revisional jurisdiction limited to correcting perversity; conviction under IPC Section 506 quashed for lack of proof of intent to cause alarm via uncorroborated threat testimony.
Criminal Law - Offence of Causing hurt and House Tress pass – Appeal against Acquittal – Revisional Jurisdiction - Cross-examination - Section 397 of the Code vests the court with the power to call f....
The scope of revision under Sections 397 and 401 Cr.P.C. is limited; courts cannot interfere with factual findings unless there is a manifest error or gross miscarriage of justice.
The court emphasized the limited scope of revisional jurisdiction and the requirement for a prima facie case to be made out for summoning the accused.
Criminal intimidation requires specific threats intended to induce alarm; general expressions of sympathy do not establish the basis for charges under relevant sections of IPC.
The victim's right to appeal is restricted by statute, and a revision for sentence enhancement is permissible without prior appeal against acquittal; principles of proportionality in sentencing were ....
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