RAM Vs. PANNALAL

JUDGEMENT

(1.) Under the Code of Criminal Procedure, 1898 concurrent powers of revision were conferred on the Sessions Judge and the High Court by section 435. The Sessions Judge could finally accept the revision and direct the Magistrate to make further enquiry into any complaint dismissed by him or order the commitment of an accused improperly discharged under sections 436 and 437. In other matters the Sessions Judge was required to make a recommendation to the High Court under section 438 if he found that order passed by the Magistrate should be reversed or modified. The effect of sections 435 to 439 was that a person could either invoke the powers of revision of the Sessions Judge and thereafter invoke the powers of the High Court or could straightaway invoke the powers of revision of the High Court, In these circumstances the High Court framed rule 3 of Chapter 1-A(b) of the High Court Rules and Orders Volume V. directing persons to invoke the revisional powers of the Sessions Judge first before coming to the High Court. This rule reads thus :

(2.) . The advantages of this rule were two-fold. It prevented the High Court from being overburdened with petitions for revision, since some reliefs could finally be granted by the Sessions Judge. Where the Sessions Judge either refused to grant the relief or make a recommendation to the High Court, the latter had the benefit of the opinion of the Session's Judge. It may be noticed that this restriction did not absolutely take away the right of a person to move the High Court in revision.

(3.) . However, the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'present Code') has brought vital changes. The powers of revision of the Sessions Judge arc made concurrent with the powers of the High Court in all inalters. The Sessions Judge can now finally dispose of all petitions of revisions. Sub-section (1) of section 397 of the present Code like section 435 of the old Code gives the powers of revision to the Sessions Judge and the High Court. However, subsection (3) of this section is new. It reads thus :