NADIR KHAN versus THE STATE (DELHI ADMINISTRATION)

NADIR KHAN versus THE STATE (DELHI ADMINISTRATION)

The High Court has undoubted revisional jurisdiction under s.401 Cr.P.C. to enhance the sentence suo motu in appropriate cases, even where no appeal has been filed by the State under s.377 Cr.P.C.; re-arrangement of sections in the new Code does not exclude this power.

Parties
Petitioner: Nadir Khan; Respondent: The State (Delhi Administration)
Jurisdiction
India
Judgment Date
03 June 1975
Procedural Posture
Criminal Special Leave Petition / Supreme Court Decision on Special Leave Petition
Outcome
Petition dismissed
Legal Topics
Revisional Jurisdiction, Enhancement of Sentence
Criminal Law Revisional Jurisdiction Enhancement of Sentence

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Parties

Nadir Khan

Petitioner

The State (Delhi Administration)

Respondent

Procedural Posture

Criminal Special Leave Petition / Supreme Court Decision on Special Leave Petition

Legal Issues

  1. 1 Whether the High Court has jurisdiction under Section 401 Cr.P.C. to enhance the sentence suo motu in the absence of an appeal by the State under Section 377 Cr.P.C.

Ratio Decidendi

The High Court has undoubted revisional jurisdiction under s.401 Cr.P.C. to enhance the sentence suo motu in appropriate cases, even where no appeal has been filed by the State under s.377 Cr.P.C.; re-arrangement of sections in the new Code does not exclude this power.

Court Disposition

Petition dismissed

Orders

  • Application for special leave rejected
  • No interference with High Court's enhancement of sentence