STATE Vs. KASIM HUSSAIN

JUDGEMENT

(1.) THIA is a reference by the Sessions Judge at Secunderabad.

(2.) THE short facts are that the criminal case against the accused triable without jury was transferred by a Divisional Bench of this Court from the original side of: this High Court to the Sessions Judge for trial. The learned Sessions Judge in his reference has quoted certain rulings of the Sind Chief Court and other High Courts in support of the view that the original side of the High Court is not equal in any sense of the term to the Court of Sessions. He has also referred to a decision of this Court reported in 24 Deccan L. R. 258.

(3.) ORDINARILY, we would have rejected this reference without any discussion as the case has been transferred by a Division Bench of this High Court, and it is not within our power as another Division Bench, to sit in appeal on the judgment or orders passed by the previous Division Bench.