Supreme court has disapproved revisional court exercising original powers of trial court

 

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163

The High Court has in its revisional jurisdiction appraised the evidence which it could not have done. It is the trial court which has to decide whether evidence on record is sufficient to make out a prima facie case against the accused so as to frame charge against him. Pertinently, even the trial court cannot conduct roving and fishing inquiry into the evidence.

It has only to consider whether evidence collected by the prosecution discloses prima facie case against the accused or not. In this connection, we may usefully refer to the observations of this Court in Munna Devi v. State of Rajasthan and Anr.   MANU/SC/0715/2001 : (2001) 9 SCC 631

We find substance in the submission made on behalf of the Appellant. The revision power under the Code of Criminal Procedure cannot be exercised in a routine and casual manner. While exercising such powers the High Court has no authority to appreciate the evidence in the manner as the trial and the appellate courts are required to do. Revisional powers could be exercised only when it is shown that there is a legal bar against the continuance of the criminal proceedings or the framing of charge or the facts as stated in the first information report even if they are taken at the face value and accepted in their entirety do not constitute the offence for which the accused has been charged. {Para 13}

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 893 of 2005

Decided On: 02.12.2011

Ashish Chadha Vs. Asha Kumari and Ors.

Hon'ble Judges/Coram:

Swatanter Kumar and Ranjana Prakash Desai, JJ.

Author: Ranjana Prakash Desai, J.

Citation: MANU/SC/1456/2011,AIR 2012 SC 431.