(1.) THIS petition is directed against an order passed by the learned additional Sessions Judge of Nanded on 26th September, 1980 in criminal Miscellaneous Applications No. 129 of 1980, which was directed against an order passed by the learned Judicial Magistrate, first Class, in Chapter Case No. 420/80 for the detention of the petitioner under sub-section (3) of Section 151 of the Cr. P. C. as amended by Maharashtra Ordinance No. 7 of 1980. From this it is clear that the order is passed by the Magistrate in pursuance of the powers vested in him under the Cri. P. C. Sub-section (3) of Section 151 as it stands today provides for a representation to be made by the person detained against the order of the Magistrate to the Court of Session. On this representation the Court of Session passes an order. The latter order also therefore is passed, under the Cr. P. C.
(2.) WE are informed by Mr. Paranjpe, who appears for the petitioner, and Mr. Kotwal who appears for the State, that this matter was kept amrutlal vs. The State of Maharashtra (03. 10. 1980 - BOMHC) Page 1 of 3 for admission before a learned single Judge taking revision applications. It was mentioned by the Public Prosecutor that against the order which we have mentioned above no revision application can lie and only a petition asking for a writ of habeas corpus would lie. The learned single Judge has directed to place this petition before us accordingly.
(3.) WE have heard both Mr. Paranjpe and the learned Public Prosecutor and we are satisfied that a revision application does lie against an order passed under Section 151 as amended by the Maharashtra ordinance No. 7 of 1980. We have already indicated sufficiently the nature of the orders passed which are made in this petition. We may straightway mention that these orders are passed in the proceedings under the Cr. P. C. We have, therefore, no hesitation in holding that provisions of Section 401 dealing with revisional powers of the High court are attracted by these orders. Both the orders passed in proceedings under this Code are passed by the Court and not by any "persona designata".