Supreme Court of India

Ganesha v. Sharanappa & Anr.

Neutral citation
Reported as [2013] 12 S.C.R. 400
Bench Chandramauli Kr. Prasad and Kurian Joseph JJ.
Decided 19 November 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, we allow this appeal, set aside the order D of the High Court and decline to direct re-hearing by the trial court.

Judgment, page 11

From the headnote

Code of Criminal Procedure, 1973: s.401(3) rlw s.386(a) - Revisional power of High Court­ Explained - High Court converting the acquittal into conviction - Held: High Court while exercising the powers of revision can exercise all those powers which have been conferred on the court of appeal u/s 386 but, in view of sub-s. (3) of s. 401, while exercising such power, High Court cannot convert a finding of acquittal into one of conviction - In the instant case, High Court rightly c.2me to the conclusion that it is one of the exceptional cases as the finding of acquittal is on a total misreading

Authorities it was built on

Where later benches applied it

Of those, 3 relied on · 1 referred to

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