VISHWANATH PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri G. C. Saxena, learned counsel for the applicant and Sri Manphool Singh, learned A.G.A. for the State.

(2.) The above noted revision was admitted by this Court on 10/07/1984. There is no prayer in the memo of revision for summoning the lower Court record nor any such prayer was made before this Court. There is no order of the Court for summoning the lower Court record that was necessary for deciding the case.

(3.) This case was taken up for hearing on 26/11/1997. The learned counsel for the applicant submitted that in this case the lower Court record has not been summoned and requested for summoning the lower Court record. The lower Court record is necessary in all cases of appeal and revision, if they are admitted. He relied on the provisions of S. 397, Cr. P.C. wherein the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court. Under S. 401 of the Code of Criminal Procedure the High Court has power to examine the Court record which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by Ss. 386, 389, 390 and 391 or on a Court of Session by S. 307, Cr. P. C.