CrPC 397 — Calling for records to exercise powers of revision

Code of Criminal Procedure, 1973

Statutory text

(1) The High Court or any Sessions Judge may call
for  and  examine  the  record  of  any  proceeding  before  any  inferior  Criminal  Court  situate  within  its  or  his  local
jurisdiction  for  the  purpose  of  satisfying  itself  or  himself;  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.
Explanation.—All  Magistrates,  whether  Executive  or  Judicial,  and  whether  exercising  original  or  appellate jurisdiction,  shall  be  deemed  to  be  inferior  to  the  Sessions  Judge  for  the  purposes  of  this  sub-section  and  of section 398.
(2) The  powers  of  revision  conferred  by  sub-section (1) shall  not  be  exercised  in  relation  to  any  interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

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