Vipin Sahni vs Central Bureau of Investigation 2024 INSC 284 :: [2024] 4 S.C.R. 308 – S 482,397 CrPC – Revision

Code Of Criminal Procedure, 1973; Section 482, 397 – Limitation Act, 1963,Article 131 – In the event a revision is lawfully instituted before the High Court but the same is thereafter found to be not maintainable on some other ground, it would be open to the High Court to treat the same as a petition filed under Section 482 Cr.P.C in order to do justice in that case. However, the reverse analogy may not apply in all cases and it would not be open to the High Court to blindly convert or treat a petition filed under Section 482 Cr.P.C as one filed under Section 397 Cr.P.C., without reference to other issues, including limitation. When the specific remedy of revision was available, it could not have ignored the same and filed a petition under Section 482 Cr.P.C. (Para 25)- The limitation period for filing a criminal revision under Section 397 Cr.P.C, be it before the High Court or the Sessions Court, is 90 days. However, there is no limitation prescribed for invocation of the inherent powers of the High Court under Section 482 Cr.P.C. and it can be at any time. [In this case, the court noted that Long after the expiry of the limitation period of 90 days, the CBI filed a petition before the High Court at Allahabad under Section 482 Cr.P.C. This was obviously to get over the hurdle of the limitation for filing of a revision under Section 397 Cr.P.C, the court said]. (Para 23)

Indian Penal Code, 1860; Section 415-420 -Ingredients required to constitute an offence of cheating – Referred to Ram Jas v. State of U.P.(1970) 2 SCC 740 : ‘(i) there should be fraudulent or dishonest inducement of a person by deceiving him; (ii) (a) the person so deceived should be induced to deliver any property to any person, or to consent that any person shall retain any property; or (b) the person so deceived should be intentionally induced to do or omit to do anything which he would not do or omit if he were not so deceived; and (iii) in cases covered by (ii) (b), the act or omission should be one which causes or is likely to cause damage or harm to the person induced in body, mind, reputation or property

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