(Guest)

S.397 & 398 Cr.P.C

A Complaint has been dismissed by the Magistrate u/s 203 Cr.P.C.

Does a revision lie u/s 398 only? Is a revision u/s 397 not maintainable?

Is it correct that u/s 398 Cr.P.C. Revisional court can only order inquiry and cannot exercise any other Revisional powers?

Is it correct that for exercising powers u/s 397 Cr.P.C. original records have to be mandatorly called for from the lower court? Does not the Revisional court have power to rely upon copies produced by the parties?

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(Guest)

Yes, I have got the answer now. S398 is a specific provision & S.397 is a general provision. General provision will have to yeild to specific provision. Therefore S398 would be applicable. rest of the query I still have no anwer.

B.N.Rajamohamed (advocate / commissioner of oaths) 06 September 2009

Mr.Menon,

The pupose of revision is to analys the propriety of procedures adopted by the lower caourt by the revisional court. For that pupose it is necessary to call for the records from the lower court to verify the proprietiness of the orders passed by the lower court. The court cannot pass orders on the mere perusal of the documents submitted by the petitioner it will be an abuse of the process of law.

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(Guest)

If that is the case, can the court find fault with the Petitioner in not attaching the original complaint along with the Revision Petition. In my case I needed to explain to the Revision Court the reason for not attaching the complaint along with the Revision Petition and my explanation was the same what you have answered. I have raised the query because of the doubt that had arisen in my mind due to question raised by the revision court to me.