RAJ PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By order dated January 27, 1997 petitioner Criminal Revision Application No. 52 of 1990 u/s Section 397 Cr. PC. Against the order of his conviction and sentence for offence u/ Section 7/16 of the Prevention of food Aduleretion Act, 1954 (the Act) was dismissed subject to reduction in the sentence awarded to him. This petition u/ Section 482, Cr. P.C seeks recalling of the said order the ground that on the date of hearing the application was not notified either to the applicant or to his Counsel.

(2.) The learned Counsels for the parties were heard at length and the relevant record was gone through.

(3.) Section 397(1); Cr. P.C. empowers the High Court and the Sessions Judge to call for and examine the record of any proceedings before any inferior criminal Court situated within its or his local Jurisdiction fur the purpose of satisfying itself or himself as to the correctness, legality for propriety of any finding sentence or order recorded or passed and as to the regularity of any proceedings of such inferior Court, and may, when calling of such record, direct that the execution of any sentence or order be suspended or if the accused is in confinement that he be released on bail or on his own bond pending the examination of the record. On reading Section 397 read with Section 401. Cr. P.C. it is clear that the High Court can exercise all the powers of an appellate Court conferred by Sections 386, to 391 while exercising its powers u/s 397 Cr. P.C. either suomotu or on an application from the aggrieved person, subject to the limitations that the finding of acquittal cannot be converted into a finding of conviction and that the enhancement of sentence if made must abide by the first and second proviso of Section 386. Cr. P.C.