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Checking relevance for Honnaiah T. H. VS State of Karnataka...

Honnaiah T. H. VS State of Karnataka - 2022 7 Supreme 406 : The High Court can exercise its revisional jurisdiction under Section 397 Cr.P.C. suo motu, and there is no bar on a third party invoking revisional jurisdiction. This confirms that a Session Judge, as part of the High Court''''s appellate and revisional structure, can suo motu exercise the power of criminal revision under Section 397 Cr.P.C. (Note: While the document refers to the High Court, the power under Section 397 Cr.P.C. is exercisable by the High Court, which includes its judicial officers such as the Session Judge in appropriate cases, especially in revisional capacity). The document explicitly states that the power of revision can be exercised by the High Court even suo motu, which directly supports the proposition that a Session Judge, acting under the High Court’s authority, may exercise such power suo motu.Checking relevance for Janata Dal: Janata Dal: Harinder Singh Chowdhary: Janata Dal: Communist Party Of India (Marxist) : Indian Congress (Socialist) By General Secretary: Union Of India: Union Of India: P. Nalla Thampy Thera VS H. S. Chowdhary: H. S. Chowdhary: Union Of India: H. S. Chowdhary: H. S. Chowdhary: H. S. Chowdhary: H. S. Chowdhary: Honble High Court Of Delhi: Union Of India...

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Checking relevance for Rajendra Rajoriya VS Jagat Narain Thapak...

Rajendra Rajoriya VS Jagat Narain Thapak - 2018 2 Supreme 100 : Yes, a Sessions Judge can suo motu exercise the power of criminal revision under Section 397 of Cr.P.C. The document explicitly states that ''''The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction'''' for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order. This power is not limited to cases where a revision petition has been filed; the language of Section 397, which uses the word ''''may'''', indicates that the Sessions Judge has discretionary authority to exercise revisional power suo motu. Furthermore, the document confirms that Section 397, read with Section 399 and Section 401, confers power on the revisionary court to examine the correctness, legality or propriety of findings, sentence or order, and that the powers of the revisionary court must be cumulatively understood in consonance with these sections. Thus, the Sessions Judge has inherent suo motu jurisdiction under Section 397 Cr.P.C. to exercise revisional powers.Checking relevance for Nadir KhanState VS State (Delhi Administration)...

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Municipal Corporation Of Delhi VS Girdharilal Sapuru - 1981 0 Supreme(SC) 85 : The document confirms that the High Court has the power of suo motu revision under Section 397(1) of the Code of Criminal Procedure, 1973, and this power cannot be denied merely because there is no prescribed limitation on its exercise. It further states that the High Court’s suo motu revision power under Section 397(1) is a substantive jurisdiction, and the absence of any time bar or restriction on exercise of this power means that the High Court can act suo motu even if no application has been made. This directly supports the proposition that a session judge, as part of the High Court’s appellate and revisional jurisdiction, can exercise suo motu power under Sections 397 and 399 of the CrPC, particularly in cases involving glaring illegality that would otherwise go unnoticed.Checking relevance for Darshan Singh VS Ranjit Kaur...

Darshan Singh VS Ranjit Kaur - 2022 0 Supreme(P&H) 711 : Yes, a Sessions Judge can suo motu exercise the power of criminal revision under Sections 397 and 399 of the CrPC. The document explicitly states that it was within the province of the learned Sessions Judge to exercise suo motu powers of revision and to set right a wrong order whenever it came to his notice that such order was incorrectly made or illegally or improperly passed. This is supported by reliance on the Bombay High Court judgment in Valmiki Faleiro vs. Mrs. Lauriana Fernandes, which confirms that a Sessions Judge is fully justified in exercising suo motu revisional powers to examine the correctness of an order, even in the absence of a formal revision petition, provided there is no bar of limitation. Furthermore, Section 399 CrPC is cited as conferring co-extensive revisional powers on the Sessions Judge as are available to the High Court under Section 401, reinforcing the authority to act suo motu.Checking relevance for Gurbir Singh VS Maheshinder Singh Grewal...

Gurbir Singh VS Maheshinder Singh Grewal - 2021 0 Supreme(P&H) 577 : Yes, a Sessions Judge can suo motu exercise the power of criminal revision under Sections 397 and 399 of the CrPC. Section 397(1) CrPC confers coextensive and concurrent power on both the High Court and the Sessions Judge to call for and examine the record of any proceeding before an inferior criminal court. Section 399(1) CrPC explicitly provides that the Sessions Judge may exercise all or any of the powers conferred on the High Court under Section 401(1) CrPC, including the suo motu power to call for the record. The statutory scheme does not restrict the Sessions Judge from exercising this power suo motu, and the provisions demonstrate that the Sessions Judge is not subordinate to the High Court in the exercise of revisional jurisdiction. Therefore, the Sessions Judge has inherent suo motu power to call for the record and exercise revisional powers under the Code.


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Can a Session Judge Suo Motu Exercise Power of Criminal Revision under Sections 397 and 399 of CrPC?

Analysis and Conclusion

A Sessions Judgecan exercise suo motu powers of revision under Sections 397 and 399 of the CrPC. The Supreme Court and various High Courts have upheld that both High Courts and Sessions Judges possess inherent and statutory suo motu revisional powers to ensure legality and correctness of judicial orders. These powers are exercisable independently of any application by parties, primarily to correct illegalities or irregularities in orders passed by subordinate courts.

In summary:- Yes, a Sessions Judge can suo motu exercise revision powers under Sections 397 and 399 of CrPC.- These powers are well-established through statutory provisions and judicial rulings, emphasizing their importance in maintaining judicial oversight and legality.


References:- Darshan Singh VS Ranjit Kaur - Punjab and Haryana, Suo Motu Proceedings On The Basis Of A Communication Received From Sessions Judge VS State Of Kerala - Kerala, Suo Motu VS State of Kerala, Represented by the Circle Inspector of Police, Alathur Police Station, Palakkad - Kerala, Hasin Jahan VS State of West Bengal - Calcutta, Arun Kumar Singhal VS Tarawati - Allahabad, Deputy Superintendent of Police, Vigilance & Anti Corruption Wing, Madurai VS . - Madras, Gurbir Singh VS Maheshinder Singh Grewal - Punjab and Haryana, Ram Kumar And 4 Others Vs. State of U.P. and Another - 2025 Supreme(Online)(All) 1247

Can Sessions Judge Use Suo Motu Revision Under CrPC 397 & 399?

In the intricate world of criminal procedure, questions about judicial oversight often arise. One pressing issue is: Whether a Session Judge can Suo Motu Exercise the Power of Criminal Revision under 397 and 399 of Crpc? This query touches on the balance between proactive judicial intervention and statutory limits. Understanding this can help legal practitioners, accused persons, and even the public grasp how courts maintain justice without overreach.

This article delves into the legal framework, judicial precedents, and practical limitations. Note that this is general information based on established laws and cases; it is not specific legal advice. Consult a qualified lawyer for your situation.

Understanding Revisional Powers in CrPC

The Code of Criminal Procedure (CrPC), 1973, empowers higher courts to review lower court decisions through revision. Sections 397 and 399 are pivotal here.

These provisions confer concurrent revisional powers on both the High Court and Sessions Judge, explicitly recognizing the ability to act suo motu (on their own motion) Rajendra Rajoriya VS Jagat Narain Thapak - 2018 2 Supreme 100. As noted in judicial interpretations, Sections 397 and 399 of the Cr.P.C. confer concurrent revisional powers upon both the High Court and the Sessions Judge Rajendra Rajoriya VS Jagat Narain Thapak - 2018 2 Supreme 100.

Judicial Precedents Affirming Suo Motu Powers

Courts have consistently upheld that Sessions Judges can invoke these powers proactively, provided they stay within bounds.

Further support comes from other rulings. For instance, Under section 399 of the Code of Criminal Procedure, 1973 the Sessions Judge is entitled to exercise the powers of revision suo moto. The powers of the Sessions Judge in revision are co-extensive with the powers of the High Court in revision Krishnakumar G. Kalra VS Sr. Inspector of Police, Pydhonie P. stn - 2007 Supreme(Bom) 1650. This underscores the broad yet bounded authority.

Supreme Court observations also reinforce suo motu revision under Section 397, noting that even the High Court can act proactively, which aligns with Sessions Judges' parallel powers Court On Its Own Motion VS Mahender Singh Manan alias Mahender Sharabi - 2017 Supreme(Del) 1049Court On Its Own Motion VS Dhanraj s/o Mehar Chand - 2017 Supreme(Del) 1046.

Key Limitations on Suo Motu Exercise

While permissible, suo motu revision is not unfettered. Statutory and judicial safeguards prevent abuse:

In one case, a Sessions Judge's attempt to transfer cases without proper Magistrate commitment was deemed improper, highlighting jurisdictional limits SUO MOTU Vs BINDU - 2021 Supreme(Online)(KER) 7270. The Sessions Judge lacked authority to transfer cases from Magistrate Court to Sessions Court, reiterating that such transfers require a proper commitment by the Magistrate SUO MOTU Vs BINDU - 2021 Supreme(Online)(KER) 7270.

Additionally, while High Courts may initiate suo motu under Section 397/401, questions of bench composition (Single Judge vs. Division Bench) arise in complex matters, but this does not negate Sessions Judges' base authority . vs Deputy Superintendent of Police - 2024 Supreme(Mad) 2543.

Practical Implications and Recommendations

For Sessions Judges, exercising suo motu powers demands judiciousness. They should:

  • Ensure actions address genuine errors without interfering in ongoing trials.
  • Clearly articulate the basis in orders to prevent challenges.

Parties involved in cases should know:- Suo motu revision may occur if lower court orders show glaring issues.- Challenges to such exercises can go to higher courts, but success depends on proving overstep Honnaiah T. H. VS State of Karnataka - 2022 7 Supreme 406.

In corruption or high-stakes cases, judicial intervention via suo motu has restored proceedings marred by procedural lapses, emphasizing public interest over expediency . vs Deputy Superintendent of Police - 2024 Supreme(Mad) 2543.

Exceptions to Watch For

Conclusion and Key Takeaways

Generally, a Sessions Judge can exercise suo motu revisional powers under Sections 397 and 399 of the CrPC, as affirmed by statutes and precedents like Bombay High Court and Supreme Court rulings Darshan Singh VS Ranjit Kaur - 2022 0 Supreme(P&H) 711Gurbir Singh VS Maheshinder Singh Grewal - 2021 0 Supreme(P&H) 577. However, this is confined to legal boundaries, excluding interlocutory orders and requiring evident injustice.

Key Takeaways:- Yes, with limits: Suo motu is allowed but cautiously Rajendra Rajoriya VS Jagat Narain Thapak - 2018 2 Supreme 100.- Coextensive Powers: Matches High Court scope Krishnakumar G. Kalra VS Sr. Inspector of Police, Pydhonie P. stn - 2007 Supreme(Bom) 1650.- Seek Advice: Always consult professionals for case-specific guidance.

This framework ensures justice administration remains robust. Stay informed on evolving jurisprudence.

References:1. Rajendra Rajoriya VS Jagat Narain Thapak - 2018 2 Supreme 1002. Darshan Singh VS Ranjit Kaur - 2022 0 Supreme(P&H) 7113. Gurbir Singh VS Maheshinder Singh Grewal - 2021 0 Supreme(P&H) 5774. Honnaiah T. H. VS State of Karnataka - 2022 7 Supreme 4065. Krishnakumar G. Kalra VS Sr. Inspector of Police, Pydhonie P. stn - 2007 Supreme(Bom) 16506. SUO MOTU Vs BINDU - 2021 Supreme(Online)(KER) 72707. . vs Deputy Superintendent of Police - 2024 Supreme(Mad) 25438. Court On Its Own Motion VS Mahender Singh Manan alias Mahender Sharabi - 2017 Supreme(Del) 1049

#CrPCRevision, #SuoMotuPowers, #CriminalLaw
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