AI Overview...
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Scope of Revisional Jurisdiction - The revisional jurisdiction of the High Court in criminal cases is primarily supervisory and limited to examining cases of illegality, irregularity, or impropriety in the proceedings. It does not extend to reappraising evidence or substituting findings of fact unless there is a clear miscarriage of justice or a glaring defect. Akkas Ali Alias Akkas Ali Middya VS State - Calcutta, KVR Enterprises, Prop. K. Subrahamanyam VS Madras Cements Ltd. - Dishonour Of Cheque, VARGHESE PAUL vs STATE OF KERALA - Kerala, Ujjawal Kumar Chaudhary (in 346) VS State of Jharkhand - Jharkhand
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Limitations and Exceptions - The High Court cannot act as a court of re-trial or re-evaluate evidence, except in exceptional cases where there is a manifest illegality or gross irregularity. Interference is generally confined to cases involving illegality, procedural errors, or jurisdictional issues, especially concerning orders of acquittal or framing of charges. Akkas Ali Alias Akkas Ali Middya VS State - Calcutta, SHANKAR LAL SHARMA VS SHRI LACHHAMAN - Allahabad, JOGINDER SINGH vs STATE OF PUNJAB - Punjab and Haryana, Ujjawal Kumar Chaudhary (in 346) VS State of Jharkhand - Jharkhand
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Jurisdiction in Acquittal Cases - The High Court's power to interfere with an order of acquittal is limited and only permissible in exceptional circumstances, such as when there is a gross illegality or a failure of justice. Routine appeals against acquittals are not entertained unless these conditions are met. SHANKAR LAL SHARMA VS SHRI LACHHAMAN - Allahabad, Akkas Ali Alias Akkas Ali Middya VS State - Calcutta
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Revisional Power in Specific Sections - Sections 397 and 401 of the Criminal Procedure Code specify that revisional courts have limited jurisdiction, which is exercised in exceptional cases involving miscarriage of justice or glaring defects, but they do not permit reappraisal of evidence or substitution of findings. KVR Enterprises, Prop. K. Subrahamanyam VS Madras Cements Ltd. - Dishonour Of Cheque, Ujjawal Kumar Chaudhary (in 346) VS State of Jharkhand - Jharkhand
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Inherent and Inherent Jurisdiction - The High Court's revisional jurisdiction is inherent but confined to supervisory functions, ensuring that procedural irregularities or illegalities are rectified without re-assessing factual findings. JOGINDER SINGH vs STATE OF PUNJAB - Punjab and Haryana, VARGHESE PAUL vs STATE OF KERALA - Kerala
Analysis and Conclusion
The revisional jurisdiction of the High Court in criminal cases is a supervisory power designed to correct illegality or procedural irregularities, not to serve as a re-trial or appellate forum. It is exercised sparingly and only in exceptional cases where justice demands intervention, such as gross irregularities or illegalities affecting the proceedings. The courts are cautious to avoid re-evaluating evidence or substituting findings of fact, maintaining the integrity of the trial process while ensuring justice is served.
Search Results for "Jurisdiction of Revisional Court in Criminal Cases"
1990 0 Supreme(Cal) 154 • India - Calcutta
Anandamoy Bhattacharjee, Amulya Kumar Nandi
What is the scope and limitations of the revisional jurisdiction of the High Court in criminal cases? 4. ... The scope and limitations of the revisional jurisdiction of the High Court in criminal cases are that the court cannot act as an ... CRIMINAL REVISION - SECTION 309, 207, 323 READ WITH SECTIONS 149 AND 148 I.P.C. - ORDER OF ACQUITTAL - REVISIONAL #HL_STAR....
1938 0 Supreme(Cal) 240 • India - Calcutta
KHUNDKAR, BARTLY
Jurisdiction - Village Self-Government Act - The court held that the revisional jurisdiction of the court, derived from the Code ... Finding of the Court: The court found that the revisional jurisdiction derived from the Code of Criminal Procedure ... Final Decision: The court discharged the rules in all the cases, holding that it had no jurisdiction to interfere in ....
• India - Dishonour Of Cheque
K.C.BHANU
powers of the High Court and the appellate jurisdiction in criminal cases. ... Act, and the jurisdiction of the court to impose the sentence. ... The court also considered the provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973, regarding the revisional ... Natarajan of the Company is authorized to nominate from time to time any of the company s employees for the purpose of filing civil suits or criminal in an....
1998 0 Supreme(P&H) 998 • India - Punjab and Haryana
K.K.SRIVASTAVA
OF HIGH COURT - SECTION 240, CRIMINAL PROCEDURE CODE - FRAMING OF CHARGES - REVISIONAL JURISDICTION OF HIGH COURT - SECTION 482, ... CRIMINAL PROCEDURE CODE - INHERENT JURISDICTION - EXCEPTIONAL CASES. ... The Court further held that it did not have jurisdiction to quash the charge sheet after it had been framed under Section 240 of ... jurisdiction of the High Court or the Sessions Judge to contend that the charge....
• India - Dishonour Of Cheque
Mehinder Singh Sullar
both criminal complaints/cases directed to run concurrently. ... at the time of exercising appellate or revisional jurisdiction as well—Sentences awarded by trial Court to petitioner-accused in ... , while exercising limited revisional jurisdiction under section 401 Cr.P.C ... Such direction to make the sentences to run concurrently, as per various decisions noted above, can be exercised by the trial Court or by the appellate Court ....
1984 0 Supreme(All) 536 • India - Allahabad
R.P.SHUKLA
In what exceptional cases can the High Court exercise its revisional jurisdiction to interfere with an order of acquittal? 3. ... CRIMINAL REVISION - ACQUITTAL - JURISDICTION OF HIGH COURT - INTERFERENCE - EXCEPTIONAL CASES - RETRIAL - SECTION 401 CRIMINAL ... Whether the High Court has jurisdiction to interfere with an order of acquittal passed by a trial court in a criminal cas....
• India - High Court of Punjab and Haryana
court to exercise revisional jurisdiction. ... in a criminal case. ... CRIMINAL LAW - SECTION 304-A IPC - REVISION - SCOPE OF INTERFERENCE - HIGH COURT SHOULD NOT INTERFERE WITH CONCURRENT FINDINGS ... Puttamana Illath Jathavedan Namboodiri, 1999(1) RCR (Criminal) 808 : (1999 (2) SCC 452) it was held that the revisional jurisdiction is one of supervisory jurisdiction exercised by the High Court....
2025 Supreme(Online)(Ker) 33833 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V. KUNHIKRISHNAN, J
... ... Ratio Decidendi: The court held that revisional jurisdiction is limited to cases showing illegality, irregularity, or impropriety ... (Paras 2-4) ... ... (B) Jurisdiction - The court outlined the limited jurisdiction in revision ... ... ... Result: Criminal Revision Petition is dismissed, upholding the conviction. ... The jurisdiction of this Court to interfere with the concurrent finding of conviction....
2009 0 Supreme(Ker) 669 • India - Kerala
THOMAS P.JOSEPH
- Revisional Jurisdiction - High Court's Powers of revisions - These Criminal Revision Petitions and Criminal Revision Cases raise ... Nor is lapse of time by itself a reason not to exercise the revisional jurisdiction. ... he was unaware of the disposal of the Criminal Appeals - Criminal Revision Cases are allowed. ... Nor is lapse of time by itself a reason not to exercise the revisional #HL_STA....
2004 0 Supreme(Jhk) 891 • India - Jharkhand
SUDHANSU JYOTI MUKHOPADHAYA
Code of Criminal Procedure,1973 – Sections 397 and 401 Revisional Court has limited jurisdiction to be exercised in exceptional cases ... if there be miscarrige of justice and glaring defect of produce – revisional Court neither convert a finding of acquittal in to ... Though it was suggested by the counsel for the petitioner to reappraise the evidence, but it is not possible for the• Court to do so under the revisional jurisdiction....
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