10 May 2020

Proper procedure to exercise revisional powers

What is the proper procedure to exercise Revisional powers u/s. 397 & 399 of Cr.P.C.? 

    Revisional Court even after having knowledge that the scope of the revision is limited to see either the correctness, legality or propriety of any finding, sentence or order exceeded in his jurisdiction in issuing process against the accused, has unnecessarily over-reached itself. The proper course could have been after passing a detailed order, to remit the case back to the Magistrate to pass an appropriate order, in pursuant to the observations in the revision.[Para No.12] 

 Bombay High Court

Dr. Abdul Gaffar Quadri
Munawar Ahmed Naem Ahmed

Decided on 08/05/2020

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