Wed. Oct 21st, 2020

Section 401 High Court’ s Powers of revisions.

2 min read

Section 401  High Court’ s Powers of revisions.

(1) In the case of any proceeding the record of which has been called for by itself or Which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.
(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.
(3) Nothing in this section shall be deemed to authorize a High Court to convert a finding of acquittal into one of conviction.
(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.
(5) Where under this Code tan appeal lies but an application for revision has been made to the High Court by any person and the High Court Is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.
                                                                                              COMMENTS
(i) The revisional jurisdiction when involved by a private complainant against an order of acquittal ought not be exercised lightly and that it could be exercised  only in exceptional case where the interests  of public justice require interference for the correction of a manifest illegality or the prevention of a gross miscarriage of justice ;Kaptan singh v. State of madhya Pradesh ,(1997) 4 Supreme 211  .
(ii) When Complaint makes out Prima facie case in proceedings instituted against patnership firm along with its partners and its managing partner dies ,High court should not quash proceedings;Drugs Inspector v. B.K.A Krishnaiah ,AIR 1981 SC 1164: (1981) Cr LJ 627 : (1981) 2 SCC 454 : (1981) SCC (Cr) 487: (1981) Cr LR (SC) 196.

Leave a Reply