Supreme Court of India
Jagganath Choudhary and Ors. v. Ramayan Singh and Anr.
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What the Court ordered
Resultantly only in the event of a glaring defect in the procedural aspect or there being a manifest error on a point of law and C thus a flagrant miscarriage of justice, exercise ofrevisional jurisdiction under this statute ought not to be called for.
Judgment, page 11
From the headnote
Code of Criminal Procedure, 1973: S.401-High Court's power of revision-Nature and object of-Revision before High Court against order of acquiital-High Court on re-appraisal of evidence observing that trial Court wrongly discarded evidence of eye witnesses-Thaf'reasonings for acquittal given by trial court were not proper and justifiable on the face of it-High Court directing the trial court to write a ji-esh judgment by giving proper judicial mind to the evidence on record Held_, exercise of power uls, 401 cannot but be ascribed to be discretionwy Thisj discretion, however, has to be a
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