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VERSUS
JUDGMENT
N. V. RAMANA, J.
1.Leave granted.
2. In this criminal appeal the judgment dated
104/2013 is impugned.
Signature Not Verified
Digitally signed by
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468, 471,120B, 506 of Indian Penal Code, 1860
of Cr.P.C.
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5. The Judicial Magistrate, 1st Class, Gwalior, by
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Thereafter, concluded that the lower court did not
manner: -
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...the court is required to prima facie
decide question of initiating proceeding
arises or not. It is pertinent that in
this case learned Revisional Court has
prima facie already found sufficient
ground for initiating proceeding
against non-applicants.
(emphasis supplied)
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10. The questions that fall for consideration are in
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scope of criminal revision under Section 397 read with
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Section 398. Power to order inquiry.
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of Cr.P.C. The ambit of revisional jurisdiction is well
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of any findings, sentence or order. The powers of the
Cr.P.C.
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15. On a perusal of the Sessions Court judgment
created before the High Court was due to the fact that
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at hand without appreciating the dichotomy between
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note that the Magistrate while taking cognizance has
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to apply his independent mind while taking
intention.
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of occasions by concrete precedents of this Court to
otherwise.
those issues.
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uninfluenced by any observations made by this Court
………………………….J.
(N. V. Ramana)
….……………………...J.
(S. Abdul Nazeer)
New Delhi,
February 23, 2018.
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