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1978 Supreme(Ker) 88

P.SUBRAMONIAN POTI
SATHEESAN – Appellant
Versus
MONY – Respondent


Judgment :-

1. The power of revision to be exercised by a High Court or a Sessions Judge is defined in S.e97 of the Code of Criminal Procedure. That section enables the High Court or a Sessions Judge to call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction. This power is conferred for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed and as to the regularity of any proceedings of such inferior court. Therefore the examination of the record is limited in scope and is with a view to ascertain whether there is justification for interfering in the light of the scope of the revision laid down in the section. In a case where the order of an inferior court does not suffer from any infirmity merely because of equitable considerations a revisional court is not competent to call upon an inferior court to reconsider the matter. In order to exercise the revisional power it has to find whether there is any incorrectness, illegality or impropriety in any finding, sentence or order of the inferior court or whether there is any irr



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