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anindya

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The issue regarding filing of petition before the High Court after having availed first revision petition before the Court of Sessions has come up before the Supreme Court and this Court repeatedly. While laying that section 397(3) Cr.P.C. laid statutory bar of second revision petition, the courts have held that High Court did enjoy inherent power under section 482 Cr.P.C. as well to entertain petitions even in those cases. But, that power was to be exercised sparingly and with great caution, particularly, when the person approaching the High Court has already availed remedy of first revision in the Sessions Court. This was not that in every case the person aggrieved of the order of the first revision court would have the right to be heard by the High Court to assail the same order which was the subject matter of the revision before Sessions Court.=It is settled proposition of law that at the stage of framing of charges it is not obligatory for the Judge of trial to consider any detail and weigh in a sensitive balance whether the facts, if proved, would be incompatible with the innocence of the accused or not. The standard of test and judgment which is to be finally applied before recording of final guilt or otherwise of accused, is not exactly to be applied at the stage of deciding the matter under section 227 and 228 of Cr.P.C. Further at this stage, the Court is not to see whether there is sufficient ground for conviction of the accused or whether the trial is sure to end in his conviction. Strong suspicion against the accused, leading the court to think that there is ground for presuming that the accused has committed an offence is enough.

Crl.MCNo.583/2009 Page 1 of 11 * THE HIGH COURT OF DELHI AT NEW DELHI + Crl.MC No.583/2009 Date of Decision: 10.02.2012 Dy. Commissioner of Income Tax …… Petitioner Through: Mr. Sanjeev Rajpal and Mr. Karan Chaudhan, Advocate Versus General Sales Pvt. Ltd. & Ors. …… Respondent Through: Mr. Harish Gulati & Mr. Anindya Malhotra, Advocates … Continue reading

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