Sat. Oct 24th, 2020

Section 398 Power to order enquiry

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Section 398 Power to order inquiry

In examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 of sub-section (4) of section 204 or into the case of any person accused of an offence who has been discharged:

Provided that no court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

                                                                                                         COMMENTS

It is well settled that the only order that can be made by the revision court under section 398 is for further enquiry ;Harun khan v. Mahesh Chand (1997) 2 Crimes 301(MP)

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