INAYATULLAH RIZWI Vs. RAHIMATULLAH

JUDGEMENT

(1.) In these two Criminal Revisions Applications (Criminal Revisions Applications Nos. 120 of 1978 and 158 of 1977) which were pendihg before the learned single Judge (Tulpule J.) one for admission and the other for final hearing respectively, a common question of law raised before him was one of interpretation of the provisions of Section 397(3) of the Criminal P.C. 1973 (hereafter called the Code).

(2.) Against the orders of the Sub-Divisional Magistrate, the present opponents non-applicants in these two revision applications had filed Criminal Revision Applications in the Court of Sessions Judge, Akola. The learned Sessions Judge allowed their revisions and feeling aggrieved by the said orders of the learned Sessions Judge, the present applicants (i.e. the unsuccessful parties before the Sessions Judge) filed these two revisions in this Court.

(3.) According to the learned single Judge, a second revision to the High Court, even at the instance of the unsuccessful opponents before the Sessions Court would not be tenable. The applications could be treated or converted as applications under Section 482 of the Code, which, in his opinion, could be disposed of by the Division Bench of this Court.