NDLI: Joseph Stephen and Others Vs. Santhanasamy and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Code of Criminal Procedure 1973: s.401
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Code of Criminal Procedure, 1973: s.401 – Whether in exercise of revisional jurisdiction under s.401, High Court can convert a finding of acquittal into one of conviction and what is the procedure to be followed by the High Court – Held: sub-section (3) of s.401 prohibits/bars the High Court to convert a finding of acquittal into one of conviction – Though the High Court has revisional power to examine whether there is manifest error of law or procedure etc., however, after giving its own findings, on the findings recorded by the court acquitting the accused and after setting aside the order of acquittal, the High Court has to remit the matter to the trial Court and/or the first appellate Court, as the case may be. Code of Criminal Procedure, 1973: s.401 – In a case where no appeal is brought though appeal lies under the Code, whether revision application still is to be entertained at the instance of the party who could have appealed – Held: In a case where the victim and/or the complainant, as the case may be, has not preferred and/ or availed the remedy of appeal against the order of acquittal as provided under s.372 or s.378(4), as the case may be, the revision application against the order of acquittal at the instance of the victim or the complainant, as the case may be, shall not be entertained and the victim or the complainant, as the case may be, shall be relegated to prefer the appeal as provided under s.372 or s.378(4), as the case may be. Code of Criminal Procedure, 1973: s.401(5) – Power of High Court under sub-section (5) of s.401 to treat the application for revision as petition of appeal – Held: Where under the Cr.P.C. an appeal lies, but an application for revision has been made to High Court by any person, High Court has jurisdiction to treat the application for revision as a petition of appeal and deal with the same accordingly as per sub-section (5) of s.401, however, subject to the High Court being satisfied that such an application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interest of justice so to do and for that purpose the High Court has to pass a judicial order, may be a formal order, to treat the application for revision as a petition of appeal and deal with the same accordingly
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 96
Petitioner	Joseph Stephen And Others
Respondent	Santhanasamy And Others
SCR	[2022] 8 S.C.R. 182
Judgement Date	2022-01-25
Case Number	90-93

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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