Supreme Court · 2002 INSC 275 · Decided 9 May 2002
Jagganath Choudhary and ORS. v. Ramayan Singh and ANR.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 275 · [2002] 3 S.C.R. 936
- Case number
- CRIMINAL APPEAL No. 607/2002
- Decided
- 9 May 2002
- Bench
- U.C. BANERJEE, Y.K. SABHARWAL (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 401; Constitution Article 136
Headnote
Code of Criminal Procedure, 1973: S.401-High Court's power of revision-Nature and object of-Revision C before High Court against order of acquiital-High Court on re-appraisal of evidence observing that trial Court wrongly discarded evidence of eye­ witnesses-Thaf'reasonings for acquittal given the trial court to write a ji-esh judgment by giving proper judicial mind to the evidence on record D Held_, exercise of power uls, 401 cannot but be ascribed to be discretionwy­ Thisj discretion, however, has to be a judicious exercise of discretion and not an prbitra1J1 one-Judicial
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