Sunday, August 26, 2012
Late Lamented Rash Behari Lal Mandal, the Yadav King and Lion of Mithila
Rash Behari Lal Mandal v. Emperor 12 C.W.N. 117 : 6 C.L.J. 760 : 6 Cr. L.J. 408 where it was held that "the High Court has full jurisdiction under Section 437 of the Criminal Procedure Code to revise a commitment order made under Section 436 on points of law as well as of facts."
Rash Behari Lal Mandal and Ors. v. The Emperor (1907) 12 C.W.N. 117. Under the Codes of 1871 and 1892 it has been held that this Court will not exercise its power of revision on the ground that the lower Court has not rightly appreciated the evidence the reason being that it is for the Court called upon to determine whether the person charged is guilty or not, to consider and weigh the evidence, and any error as to the probative force and effect is not open to correction on revision, but only on appeal.
In Rash Behary Lal Mandal v. Emperor (1908) 35 Cal. 1076, it was held by a Bench of the Calcutta High Court that a warrant of arrest which had been illegally issued under Section 96, Criminal P.C., could not be treated as valid under Section 98.