Скачать или смотреть Section - 397 and 398 of CRPC - Powers of Revision

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397. Calling for records to exercise powers of revision.—(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.
398. Power to order inquiry.—On examining any record under section 397 or otherwise, the High Court or the
Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him
to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further
inquiry into any complaint which has been dismissed under section 203 or sub-section (4) of section 204, or into the
case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for inquiry into the case of any person who
has been discharged unless such person has had an opportunity of showing cause why such direction should not be
made.