YASMEEN Vs. STATE OF U P

JUDGEMENT

(1.) This is a criminal revision against the judgment and order dated 5.3.1991 passed by the Chief Judicial Magistrate, Bijnor in criminal case No. 403 of 1991 State v. Shamim Akhtar summoning the accused applicant under section 498A I.P.C. and Dowry Act The learned counsel for the revisionist has vehemently argued that this revision should be transferred to the Sessions Court w here a revision preferred by one of the parties is still pending that revision be transferred from that court to the Honble Court for the purpose of disposing that revision along with this revision by the Honble Court itself. For this purpose he has drawn the attention of the Court to section 402 of Cr.P.C. which reads as follows: 402-Power of High Court to withdraw or transfer revision cases: Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court, shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.

(2.) Whenever any application for revision is transferred to the High Court that court shall deal with the same as if it were an application duly made before itself.

(3.) Whenever any application for revision is transferred to the Sessions Judge that Judge shall deal with the same as if it were an application dully made before himself.