HC's Power of Revision under Code of Criminal Procedure Explained

HC's Power of Revision under Code of Criminal Procedure Explained : "Pre-Independence Judgments are Not Redundant"

An important Aspect of Code of Criminal Procedure : Explained Through Pranab Kumar Mitra v State of West Bengal [1958] GCtR 705 (SC)

This came from a 5-Judges' Bench. Hon'ble J. Sinha authored the main Judgment. Hon'ble J. Sudhi Ranjan Das was the Chief Justice of India at that time and he was a part of the Bench. 

Here, Hon'ble Supreme Court did not considered it fit to consider in detail the facts. The case was related to Code of Criminal Procedure, 1898 ["Code"]. Initially, the Ld. Magistrate had convicted the accused. Accused utilised revisional jurisdiction under S.439 of the Code.

It was noted that S.431 is the last section in the Code. It was held that "Criminal Procedure Code of 1882 (Act 10 of 1882), for the first time, introduced s.431."

It was held that "where a sentence both of fine and of imprisonment, is passed, and an appeal or an application in revision is filed, the superior court may grant bail or may not."

The Revisional power of High Court under Code of Criminal Procedure is a discretionary power to be "exercised in aid to justice" and it is fact-dependent. The revisional power of High Court under Code of Criminal Procedure is to ensure that "subordinate criminal courts do not exceed their jurisdiction". During the course of its reasoning, Hon'ble Bombay High Court's pre - independence Judgment  Imperatrix v. Dongaji Andaji  (1878) I.L.R. 2 Bom. 564 appears to have been approved. 

Download Full Text Judgment Free of Cost from main.sci.gov.in [Headnotes do not have any binding effect]