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2022 (8) TMI 1475 - SC - Indian LawsMaintainability of appeal - Locus standi to institute the criminal revision - murder - appellant is the defacto complainant - revisional jurisdiction of High Court - HELD THAT:- The basis of the order of the trial court, which has been upheld by the High Court, namely, that the statement of the appellant is a statement under Section 161 CrPC is erroneous. The statement of the appellant, in fact, was the basis on which the FIR was registered. Hence, it was legitimately open to the prosecution to have the statement proved and marked as an exhibit during the course of the trial. There would be a serious miscarriage of justice in the course of the criminal trial if the statement were not to be marked as an exhibit since that forms the basis of the registration of the FIR. The order of the trial judge cannot in these circumstances be treated as merely procedural or of an interlocutory in nature since it has the potential to affect the substantive course of the prosecution. The revisional jurisdiction under Section 397 CrPC can be exercised where the interest of public justice requires interference for correction of manifest illegality or the prevention of gross miscarriage of justice. The principles which have been enunciated in Sheetala Prasad [2009 (12) TMI 1060 - SUPREME COURT] have been recently relied upon by this Court in MENOKA MALIK AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [2018 (8) TMI 2141 - SUPREME COURT] to hold that the High Court can exercise its revisional jurisdiction in a revision petition filed by the first informant where the trial court overlooked material evidence. Thus, the impugned judgment of the High Court dated 20 December 2021 is incorrect in holding that the appellant did not have locus to institute the criminal revision against the order of the trial court. The order of the trial court dated 3 October 2019 and the impugned judgment of the High Court dated 20 December 2021 is set aside - appeal allowed.
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