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Revisional Jurisdiction of a High Court

While Section 397 empowers the High court to call for the record of any proceeding before any inferior criminal court within its jurisdiction to satisfy itself as to the correctness, legality or propriety of any finding, sentence or order and such power extends to suspension of execution of any sentence or order and also to release the accused on bail, under Section 401 (3) Cr.P.C. there is an express bar in the High Courts to convert a finding of acquittal into one of conviction. While the revisional power under the Code would undoubtedly vest in the High Court the jurisdiction to set aside an order of acquittal the same would not extend to permit the conviction of the accused. The High Court may, however, order a retrial or a rehearing of the case, as may be, if so justified. In view of the above we do not see how the orders of the High Court dated 16/11/2010 and 22/3/2011 converting the acquittal of the accused appellants to one of conviction and the sentences imposed on each of them can be sustained in law. (Kumar Etc. Etc. Vs. Karnataka Industrial Coop. Bank Ltd. & Anr)

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