VARGHESE Vs. DEVASSY

JUDGEMENT

(1.) Three petitions, M. P. 1194/77, M. P. 1286/77 and M. P. 129 of 1978 were filed for the custody of a bus which is the subject matter of C.C. 277 of 1977 of the Chief Judicial Magistrate, Trichur, a complaint filed by the first respondent. The Court dismissed the petitions holding that it is not expedient in the interests of justice to entrust the bus to any of the petitioners. The petitioner who claims to be the registered owner of the bus filed Cr. M. P. 752 of 1978 challenging the order. Crl. R. P. 44 of 1978 is a revision petition filed by another claimant before the Sessions Court, Trichur The present petition is filed under S.482 Cr. P.C. for the withdrawal of Crl. R. P. 44 of 1978 to this Court, to be heard with Crl. M.P. 752 of 1978, so that there may not be conflict of decisions.

(2.) Chap.31 of the Code of Criminal Procedure which deals with transfer of criminal cases does not in terms refer to revision cases. From the fact that there is a specific provision regarding the powers of the High Court to withdraw or transfer revision cases, contained in S.402 of the Code, it would appear that S.407 which deals with power of the High Court to transfer cases and appeals is not intended to take in revision cases. The power of transfer conferred under S.402 is, however, confined to revision petitions filed by convicted persons and has no application in cases of revision where no conviction is involved. The withdrawal or transfer of a revision case other than that filed by convicted persons can be effected by the High Court only by invoking its inherent powers.

(3.) There is no doubt that in the circumstances of the present case if both the High Court and the Sessions Court are to exercise their revisional powers, there is every likelihood of a conflict of decisions. This is, therefore a fit case where the ends of justice demand that the High Court should exercise its inherent powers under S.482 Cr. P. C., and direct either a transfer of Crl. M. P. 752/78 to the Sessions Judge, Trichur or a withdrawal of Crl.R.P. 44/78 to its own file.