STATE Vs. MENINO FERNANDES

JUDGEMENT

(1.) This is a petition filed by the State to revise the judgement of the First Class Magistrate at Sambhaji dated 27-4-1971 in criminal case no. 69/71 on his file. By that judgement the respondent herein, who is aged about 13 years, had been convicted of the offence under Section 379 of the Indian Penal Code for committing theft of a leather suitcase worth Rs. 65/- on 17-4-1971 at about 20.45 hrs. and had been released on probation of good conduct, on his executing bond, for a period of two years. It is contended on behalf of the revision petitioner that the Magistrate did not follow the provisions of Section 33 of the Children's Act 1960 and that for that reason the order passed by him (the Magistrate) releasing the respondent herein on probation of good conduct is fit to be set aside.

(2.) The petition could be filed in the Sessions Court at Panaji also under Section 435 of the Criminal Procedure Code but the petitioners chose to file it in this Court without stating any reason for not filing it in that Court and, filing it in this Court. Under these circumstances I have to determine at first whether it is proper to admit this petition. It has Keen held by various High Courts that if a revision petition, is filed in High Court in spite of having opportunity to file it in Sessions Court or District Magistrate's court it should not be entertained unless there are special reasons. Vide the decisions in ALAPATI SRIRAMAMURTY V/S STATE OF ANDHRA PRADESH, 1959 AIR(AP) 377, 1958 AIR(Andh) Pra 624, LALLUBHAI DAYARAM BHATT V/S KARIMBHAI DATTEKHAN, 1958 AIR(Bom) 276 and MUNICIPAL BOARD V/S BHIM SINGH, 1962 AIR(All) 450. The practice of not entertaining the revision petition filed directly in High Court is to prevent the time of High Court from being wasted and to have the advantage of the opinion of the District Magistrate or the Sessions Judge if the case comes finally before the High Court.

(3.) In view of the fact that this petition has been filed in this Court without stating as to why it was not filed in Sessions Court the petition is not admitted. If the petitioners want they can apply to the Sessions Court under Section 435 of the Criminal Procedure Code.