JAGDISH GANDHI Vs. STATE

JUDGEMENT

(1.) THIS criminal revision petition is directed against the order-dated 18. 05. 2007, for the issuance of appropriate orders and to set aside the order passed by the Sub Divisional Magistrate (hereinafter to be referred as "sdm" ). Operative part of the order reads as under:-

(2.) FIRSTLY, I am dealing with the primary objection of the respondents about the maintainability of present revision petition, as per learned counsel for the respondents Revision is only supervisionary in nature and the revisional court can only set right legal errors or defects but cannot reappraise the evidence. Once the SDM has expressed that he was satisfied about all the aspects contemplated under Section 145 of Cr. P. C. after considering all facts and circumstances hence there is no scope for exercising revisionary jurisdiction in this case.

(3.) NOW with regard to the objection raised herein above, this Court under revisionary jurisdiction is fully empowered to ensure that the decision is as per the cannons of criminal jurisprudence and there is no miscarriage of justice, as to check the correctness, legality and impropriety of an order is within the domain of scrutiny in revisional jurisdiction.