PATEL SIDDEGOWDA Vs. K SIDDEGOWDA

JUDGEMENT

(1.) This petition is filed under S.482 of the CrlPC against the order dated 24-3-1976 passed by the Sessions Judge, Mandya, in CrIRP.15 of 1974, holding that no relief could be granted in the said revision petition. Sub-Divl Magitrate, Pandavapura. Sub-Divn, Pandavapura, passed an order dt. 16-9-1974 in Case No.C.Mis.26 of 1969-70, holding that the respondents were in possession of the property in dispute. The proceeding before him had arisen under S.145, CrlPC. The petitioner filed CrlRP.15 of 19Y4 before the Sessios Judge, Mandya, challenging the said order passed by the Sub-Divl Magistrate. The Sessions Judge has held that the powers of revision under S.399, CrlPC could not be exercised as the records of the ease had not been called for by himself from the Court of the Sub-Divl Magistrate, Pandavapura Sub-Divn, Pandavapura. This is the order challenged in this petition.

(2.) It is seen from what has been above that the Question involved is a pure question of law. S. 397, CrlPC empowers the High Court and the Sessions Judge to call for and examine the records of any proceeding before any inferior Criminal Court situated within its, or his, local jurisdiction. The power conferred by S.397 CrlPC. is to call for records for the purpose of satisfying In regard to the correctness, legality or propriety of any finding, sentence or order, recorded or passed by the inferior Criminal Courts, and while calling for the records, to direct suspension of any execution of sentence passed to release on bail or on the bond a person or accused concerned pending examination of the record. What powers a Sessions Judge can exercicon after examining the records so called for are enumerated in Ss.398 and 399 CrlPC What powers the High Court can exercise after examining the records so called for are enumerated in S.401 CrlPC. In S.398 CrlPC a reference is made to S.397 CrlPC. It is also provided that a Sessions Judge can exercise the powers under S.398 CrlPC on examining the records, which otherwise come to his notice, and not necessarily by calling for them under S.397 CrlPC.

(3.) Section 399 CrlPC reads as follows :