Law:

Section:

Criminal Procedure Code (V of 1898)--- S. 439 read with S. 440-Revision-Opportunity of being heard­-Prejudice--Section 440 specifically provides for no party to have any right to be heard either personally or by pleader in revisions-Order passed by High Court in dismissing revision petitions-Does not operate to prejudice of accused-Order which accused feels aggrieved with is one passed by Courts below and High Court simply declines to interfere-Section 439(2) applicable to cases where Court in exercise of revisional powers either sets aside acquittal and orders retrial or enhances sentence or itself passes any order prejudicial to accused, and not to cases where in revisional jurisdiction Court does not interfere.-[Revision (criminal)]. Section 440 specifically provides that no party has any right to be heard either personally or by pleader before any Court when exercising its powers of revision. The proviso to the section lays down that the Court may if it thinks fit, when exercising such powers, hear any party either personally or by pleader and that nothing in this section shall be deemed to affect section 439, subsection (2) ; meaning thereby that no order to the prejudice of the accused shall be made unless he has had an opportunity of being heard. The crux of the proposition is whether refusal by the High Court to interfere with the order against which revision petition was filed, is an order to the prejudice of the accused within the purview of section 439, subsection (2), Cr. P. C. The answer obviously is in the negative. Other­wise the provisions of section 440 will be rendered nugatory for in that case it will be incumbent upon the High Court to hear the accused before dismissing the revision petition filed by him either personally or through a pleader. To harmonize the provisions of section 439(2) and section 440 it must be inferred that in dismissing the revision petition, the order passed by the High Curt dogs not op.-rate to the prejudice of the accused. In other words, the order with which the accused feels aggriev­ed is passed by the Courts below and the High Court has simply declined to interfere with it. Cases in which notice to the accused is…

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