TECHI TELI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS writ appeal has raised an important question and the question is: Whether a High Court can, suo moto, exercise its revisional jurisdiction against a finding of acquittal, recorded by any inferior Criminal Court, situated within its local jurisdiction, if no appeal has been preferred against the judgment and order of acquittal? THIS question, in turn, gives rise to yet another question, which is fundamental in nature, and the question is : Whether a High Court can, on its own motion, call for and examine the record of any proceedings from any inferior Criminal Court, situated within its local jurisdiction, for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed therein, even if there are provisions for appeal against such a finding, sentence or order, but no appeal has been preferred?

(2.) WE have heard Mr. K. Ete, learned counsel for the appellant, and Mr.R.H. Nabam, learned Senior Government Advocate, appearing on behalf of the State respondents.

(3.) IN order to correctly appreciate the submissions noted above, one has to determine the scope and ambit of the revisional power of a High Court under Section 397 read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as, 'the Code'). Section 397 is, therefore, quoted hereinbelow: