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2009 (10) TMI 410 - DELHI HIGH COURTProsecution – second revision petition – smuggling of gold - Held that: - It is true that a second revision is not maintainable ordinarily but in appropriate case where it is shown by the accused that the proceedings if allowed to be continued would tantamount to mis-carriage of justice and would cause substantial injustice to the case of the petitioner or continuation of proceeding was contrary to law, it would be proper for this Court to interfere under Section 482 Cr.P.C. - the powers possessed by the High Court under Section 482 of the Code are very wide and the very plenitude of the power requires great caution in its exercise. Court must be careful to see that its decision in exercise of this power is based on sound principles. - When an information is lodged at the police station and an offence is registered, then the mala fides of the informant would be of secondary importance. It is the material collected during the investigation and evidence led in Court which decides the fate of the accused person. - to set aside the order framing charges and the charges framed by the ACMM against the petitioner – case remanded back with direction.
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