GAURI SHANKAR BEED Vs. ANAND KUMAR GOENKA

JUDGEMENT

(1.) UNDER the power of revision under Section 397 of the CrPC the Court may call for records of the Court below and examine the legality. The use of the word "may" makes it obvious that the revisional power is discretionary. The High Court and Sessions Court while exercising the same is not bound to interfere.

(2.) IN this case allegation against the accused-applicants is that they tampered and interpolated in the order-sheets in the order of the Judge of the Court below, and taking advantage of that interpolation they transferred the shares which were in dispute.

(3.) IN a situation like this, letting of the accused in this criminal revision would amount to subverting the very judicial system. IN exercise of revisional jurisdiction, I am not inclined to exercise my discretion in favour of the accused. It is accordingly dismissed.