Vikas Gupta v. State Of Punjab And Others








   

  

   











 











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 / "So, I am of the considered view that order passed by the Trial Court is not sustainable in the eyes of law and same is set aside. Trial Court is directed to re hear the arguments before framing the charge in view of above discussion and directed to pass reasoned order after considering all the evidence collected by IO during investigation and in the light of case laws referred in

 the order. Parties are directed to appear before the Trial Court on 20.05.2023. Record of Lower Court along with copy of order be transmitted forthwith, immediately for further proceedings. File be consigned to the Record Room."

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 27 /

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 authorise 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 an 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."

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