Revision Under section 439 Cr.P.C the High Court Division of the Supreme Court can suomotu call for the records and correct any error in the orders of the Court below. Order showing the accused arrested and allowing remand is illegal and not sustainable-Cr.P.CS.439 Aftabur Rahman alias Zangi Vs. TheState, 13 BLD (HCD) 547
Revision
The Sessions Judge, whether can pass any direction for framing charge under a particular Section of the Panal Code. S. 439AShariful Islam Vs. Md. Billal Hossain and the State, 13 BLD (HCD)392
Revision
A revisional application arising out of a proceeding in any subordinate Court (Civil, Criminal or Revenue) under section 476 Cr.P.C. can only be heard by a Division Court (Bench) as authorised under Rule 8 of the Supreme Court (High Court Division) Rules, 1973. Under Rule 7 it is only the Division Court which can hear an appeal under section 476B Cr.P.C. An order under section 476 Cr.P.C. passed by a civil court will be amena- ble to revision, where no appeal lies, only un- der section 115 C.P.C. to be heard by a Division Bench.
Md. ShamsulHoqueBhuiyan Vs. The Institution of Engineers, Bangladesh and others, 14BLD(AD) 190
Revision
In view of the absolute bar made in section 439(4) Cr.P.C the High Court Division cannot entertain any proceeding against an order passed by the Sessions Judge under section 439A Cr.P.C. Section 561A cannot be invoked to circumvent section 439(4) and to make the same nugatory. Mafizuddin and others Vs. Alauddin and another, 14BLD(HCD)45
Revision
Sessions Judges exercising power under section 439A Cr.P.C have been equated with the High Court Division power under section 439 Cr.P.C and as such orders so passed by the Sessions Judges cannot be interfered with by the High Court Division by resorting to section 561A Cr.P.C.Mafizuddin and others Vs. Alauddin and another, 14BLD(HCD)45
Revision
Revision against prayer for bail in pending appeal-Depricated
A practice has developed recently to issue Rule in connection with prayer for bail in a pending appeal. This unnecessary and undesirable offshoot of revision cases should be avoided. The High Court Division is required to exercise its discretion judiciously in either granting or refusing bail at the time of admission of appeal. Where bail is not granted, it is desirable that the appeal should be disposed of expeditiously. Hasimuddin and another Vs. The State, 15 BLD (AD) 228
Revision
Revision by the informant against acquittal When the State does not prefer any appeal against the order of acquittal passed by Magistrate in a police case the informant is competent to maintain a revision before the Sessions Judge-Cr.P.C Section 439A
Amjad Hossain and others Vs. The State and another, 16 BLD (HCD) 111 Ref: 9BLD (AD)13 Cited
Revision
While deciding a revision case a revisional Court is entitled to consider the evidence on record. It can reverse the judgment of the trial Court on consideration of the evidence but in doing so it is required to advert to the reasons assigned by the learned Magistrate-Cr.P.C S. 439A Shamsuddin alias Shamsudoha Vs. Amjad Ali, 15BLD(HCD) 196 Ref: 44 DLR (AD) 56-Cited
Revision
The High Court Division exercising supervisory jurisdiction over all Courts subordinate to it is competent to scrutinise necessary facts to examine the legality or propriety of any order passed by the trial court under section 265C or 265D of the Code of Criminal Procedure. Since the trial court framed charges against the accused petitioner without any material on record the impugned order is set aside. Khondker Maniruzzaman Vs. The State, 17BLD (HCD) 11
Ref: 45 DLR (HCD) 386 Cited
Revisional Powers
Legislature has consciously kept section 438 alive even the Sessions Judges have been invested with the powers under section 439A to make final orders enabling the litigants to chose the forum as to whether he would resort to the forum provided under section 438 or under section 439A with the risk of finality of the order that may be passed in relation to him only. Abdul Ahad @ Md Abdul Ahad Vs. The State, 20BLD (ICD) 372
Revisional Powers
Sessions Judges have been given revisional powers to make final orders but simultaneously their powers of to make recommendation to the High Court Division for orders under section 438 have also been kept intact. Abdul Ahad Md Abdul Ahad Vs. The State, 20BLD (HCD) 372
