However, executive magistrates perform the magisterial functions of the executive. The modified Judgment does not give any assurance for our money recovery, as the compensation part is cut. In a proceeding under section 482, the high court will not enter into any finding of facts, particularly when the matter has been concluded by concurrent finding of facts of two courts below. It was held that the valuable constitutional right of the accused to speedy investigation and trial was infringed and accordingly the criminal proceedings were quashed. Also High Court has supervisory and advisory powers over lower courts or tribunal in concerned state. But the High Court should confine itself only to the admissibility of the evidence and should not go further and appraise the evidence also. The petition was granted by the Supreme Court on the following grounds: 1 The conduct of prosecution machinery in prompting witnesses to make totally false allegation against senior counsel appearing for defence was bound to demoralise and scare him and he cannot perform his duty of conducting case in fearless and proper manner.
This revisional jurisdiction should not be lightly exercised, as it cannot be invoked as a right. All cheques bounced without money in his account. Shiv Singh, 1962 Rajasthan, p. The appellate court may in an appeal from any other order, alter or reverse such order, or make any amendment or any consequential or incidental order that may be just or proper. Fourthly, it is the power of an appellate court to take additional evidence. If the trial court did not grant a relief which was claimed, the appellate court is entitled to grant such a relief.
State of Haryana and Others v. Kishan Singh deals precisely with the options open to the Appellate Court at the preliminary hearing of an appeal. This provision has been incorporated with a view to protect the sanctity of the procedural setup provided under the Code. They are the mouthpiece to ventilate the grievances of the public at large, if genuinely and unbiasedly projected. The decree cannot be amended under this Section.
In any case power under Article 142 of the Constitution is available to pass such orders as may be deemed appropriate to do complete justice. But the Courts have themselves through various judicial pronouncements created exceptions to this limitation. Thus, it can be said the Right to appeal is appeal substantive right vested in parties from the date suit instituted. If there had been compensation we could claim for that by money suiting case, but now there is no scope for that, as the compensations were set aside; thus the modified Judgment has made us grieved and dissatisfied. The High Court was, therefore, fully justified in setting aside the order of acquittal. .
Overview of Section 397 Section 397: Calling for records to exercise powers of revision: — 1 The High Court or any Sessions Judge may call for and examine the records of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. What is the remedy to sqash the order obtained by fraud on Judiciary? The argument that the High Court was duty-bound to appoint an amicus curiae is not legally sound. It includes everything, which is recorded by an inferior Court. Even assuming that an illegal order of discharge is an order of acquittal, the High Court has power to interfere and order retrial. I have the courage to go to high court and argue myself. The proviso to this Section prescribes that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such a proposal, thereby mandating that an accused must be present and must be heard if an order of acquittal is to be upturned and reversed.
It is only if information regarding the commission of a cognizable offence is made to the officer in charge of a Police Station can such officer register an F. Such powers can be exercised to secure ends of justice, prevent abuse of the process of any court and to make such orders as may be necessary to give effect to any order under this Code, depending upon the facts of a given case. Ratna Mustafi jointly gave Rs 4,17,000 to a person called Rakesh Lal in 2014 September. If aggrieved by the decree, he may file an appeal or application for review. The learned counsel for Dharam Pal had expressed his inability to argue the case before the High Court. It should be exercised sparingly to prevent abuse of process of any Court or otherwise to secure ends of justice 3. Act 138 within another fifteen days.
A Magistrate has no inherent power to restore a complaint dismissed for default. They hold a very high position in society by virtue of its duty to do justice between the parties. Inherent powers come to the rescue in such unforeseen circumstances. All other appellate courts other than a High Court have duty to record reason for its decision while it is even appreciable to do so. In Shyam Deo Pandey v.
The bar of sub-section 3 applies not only to a total acquittal, but also to acquittal by implication when the accused charged for major offence is convicted on a less minor offence. The fact that 20 years have elapsed since the date of the seizure of gold under the Customs Act, 1962 and Gold Control Act, 1958 would be no ground for not proceeding further with the matter in as much as the offence in question was a serious economic offence which undermines the economy of the nation. Seth Hiralal that the provisions of the Code are not exhaustive as the legislature is incapable of contemplating all possible circumstances which may arise in future litigation. I struggled and finally the Judgment is partial to us. The appellate court may also permit a party to produce a document or to examine a witness if the appellate court considers it necessary for the pronouncements of an explicit judgment. But some attempts have been made in that behalf in some of the decisions of this Court as for example State of Haryana Vs.
Facts showing that the accused himself was responsible for the long delay in concluding the trial. Court has a duty to see whether the prolongation of the trial was on account of any delaying tactics adopted by the accused. When the exercise of the powers is under Article 227 of the Constitution and Section 482 Cr. The trial Court acquitted the accused on the ground that the prosecution had not been able to prove the charges against the accused. Witnesses were afraid to speak against accused persons and one of them was already killed. The state did not file any appeal but one of the victims presented a revision petition in the High Court. They can be exercised ex debito justitiae in the absence of provisions in the code.
So, such consequential situation should not however be treated as a carte blanche to grant any relief. The High Court cannot exercise its inherent jurisdiction under Sec. Review by the Supreme Court: Article 137 of the Constitution confers power on the Supreme Court to review its own judgments subject to the provisions of any law made by Parliament or the Rules made under clause c of Article 145. The rider on this power as provided by sub-section 3 explicates that the High Court shall not under Section 401 exercise its power to convert an acquittal into conviction. My phone no will be sent to you in Whatsapp. In view of the analysis of the law the contention raised before us that it was essential for the High Court to have appointed an amicus curiae is wholly untenable.