Gopal v Raja (Cr. Rev. Case No. 851-1935)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
The Court held that it has no power to review an order made by one of its judges on revision in a criminal case. Following the Full Bench decision in Queen-Empress v Fox and Queen-Empress v Durga Charan, the Court found no material difference between the relevant provisions of the Criminal Procedure Code and the Indian Criminal Procedure Codes in force when those cases were decided. The application was dismissed.
Outcome
Application to review revision order dismissed for lack of jurisdiction
Facts
A subordinate court made an order which was reversed on revision by a single judge. The party aggrieved by the revision order then applied to the Supreme Court seeking to review that revision order. The applicant argued that the revision judgment was contrary to law in different respects and should be set aside.
Issues
- Whether the Supreme Court has power to review an order made by one of its judges on revision in a criminal case.
Orders
- Application dismissed.
Rules and key headnotes
Legislation cited (2)
- Criminal Procedure Code s.347
- Criminal Procedure Code s.352
Cases cited (2)
- Queen-Empress v Fox (10 Born. 176)
- Queen-Empress v Durga Charan (7 All. 672)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.