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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