The Bench of Justice Rajnesh Oswal observed that the revision petition filed at the instance of aggrieved party would attract the provisions of limitation.
The Court after analyzing the law laid down in K. Chinnaswamy Reddy v. State of Andhra Pradesh, AIR 1962 SC observed that, “on a plain reading of sub-section (3) of Section 401 Cr.PC, it has to be held that sub-section (3) of Section 401 CrPC prohibits/bars the High Court to convert a finding of acquittal into one of conviction.”
The bench of Justice Sanjeev Kumar while dismissing a petition challenging the order of the trail court whereby charges against all the accused were framed under Sections 306, 304-B and 498A of the IPC has held that if a conviction for causing suicide is based on
Section 304-B IPC, it will necessarily attract Section 306 of the IPC, though the converse may not be true.
The High Court of Jammu & Kashmir on Thursday set aside the Order of the Revisional Court whereby the Revisional Court had set aside the order of the learned Magistrate which had passed the order in an application under Section 156(3) CRPC.