MADHAVLAL NARAYANLAL PITTIE Vs. CHANDRASHEKHAR CHATURVEDI

JUDGEMENT

(1.) This revision application has been filed against the order of the learned Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Bombay in Case No. 304/N of 1973 arising out of proceedings under section 145 of the Code of Criminal Procedure, 1898.

(2.) At this stage we are not concerned with the merits of the case. The revision application came up for admission before Malvankar, J., on 8-7-1974 and he issued a rule and interim stay of the order dated 20-6-1974. When the revision application came up for final hearing before Bhole, J., he passed the following order :---

(3.) It is the contention on behalf of the petitioner, who has filed the revision application that this Court has jurisdiction and can entertain the revision application. The learned Counsel for the respondents does not seriously dispute the position that the High Court has got jurisdiction to entertain the revision application against the order of the Additional Chief Metropolitan Magistrate. The learned Public Prosecutor appearing for the State, however, contends that the revision application could only be entertained by the Sessions Judge and the High Court has no jurisdiction to entertain the revision application. We shall consider the rival contentions raised by the Counsel.