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PREM NARAYAN SINGH
Deepsingh – Appellant
Versus
State of M. P. – Respondent
ORDER
1. Petitioner has preferred this revision petition under section 397 read with section 401 of Cr.P.C., being aggrieved by the judgment dated 14.5.2020 passed by learned Fourth Additional Sessions Judge, Shujalpur, District Shajapur, in Criminal Appeal No.385/2015 whereby learned appellate Court has set aside the judgment dated 8.10.2015 passed by Judicial Magistrate First Class, Shujalpur, District Shajapur, in Criminal Case No.1457/2011 and remitted the case back to the trial Court for re-examining the prosecution witness under section 311 of Cr.P.C and to pass a reasoned and cogent order.
2. In order to decide this criminal revision, brief facts of the case is that the petitioners were tried by the Judicial Magistrate First Class, Shujalpur, District Shajapur and after considering the evidence available on record the petitioner no.1 was convicted under sections 419, 120(B) of I.P.C, sentenced to undergo 1 year R.I., and fine of Rs.100/- with default stipulations and petitioner No.2 was convicted for offence under section 120(B) of IPC, 3(d)4 of M.P. Manyata Prapt Parisksha Adhiniyam 1937, sentenced to undergo 1 year and 1 year R.I. and fine of Rs.100/- under each sections, wi
Retrials in criminal cases should only occur in exceptional circumstances to prevent miscarriage of justice, not to remedy prosecution deficiencies.
An appellate court must adhere to statutory provisions when ordering a retrial or remand; failure to comply renders the remand illegal.
Re-trial should only be ordered in exceptional circumstances where the trial was vitiated by serious illegalities or irregularities, or where the prosecutor or accused were prevented from tendering m....
A revision application against an order rejecting a recall of witnesses under Section 311 Cr.P.C. is not maintainable, as established by prior judgments.
Failure to utilize opportunities to present defense evidence and the relevance of submitted documents influenced the court's decision.
The main legal point established in the judgment is that while the petitioner failed to present relevant documents at earlier stages of the trial, the court still allowed the revision petition and di....
The court established that unexplained delays in lodging FIRs and contradictions in witness testimonies can undermine the prosecution's case, necessitating careful judicial scrutiny.
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