Law: Criminal Procedure Code (V of 1898)

Section: 435, 439, 512

(a) Criminal Procedure Code (V of 1898)  S. 435-Revision (criminal)-Revisional jurisdiction of High Court under S. 435, Cr. P. C.-Concurrent to jurisdiction of Sessions Judge and District Magistrate-Filing revision petition in lower Courts before moving High Court-Held : Merely a matter of practice and not a condition precedent for bringing petition to High Court. [Practice and procedure]. (b) Criminal Procedure Code (V of 1898) S. 439-Revision (criminal)-Contention that a revision petition could not be brought direct to High Court-Repelled-High Court, held, empowered to examine order of subordinate Courts in a case or proceedings either sun mote or otherwise. (c) Criminal Procedure Code (V of 1898) S. 439-Revision (criminal)-Party having a right of appeal against impugned order-Cannot avail remedy of revision unless remedy provided through appeal exhausted.-[Appeal (criminal)]. (d) Criminal Procedure Code (V of 1898) S. 512-Word `abscond' in S. 512, Cr. P. C.--Refers to an accused person who hides or conceals or makes himself inaccessible or does not come in public in order to defeat process of Court or his arrest of an accused being not found or not available at his house or place of business-Does not mean his absconding nor sufficient for trial Court to proceed with recording evidence under S. 512, Cr. P. C. unless no immediate prospects of arrest of such accused disproved Before recording evidence in absence of accused-Trial Court, held, to satisfy itself (i) that accused was absconding; (ii) that there was no immediate prospect of his arrest.-[Words and phrases-Abscondence of accused]. Date of institution: 11th August, 1980.                                                                                                                                   ORDER This revision petition is directed against an order dated 2-8-1980…