ALAPATI SRIRAMAMURTY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) These revision cases raise a question of practice and they have been referred to a Full Bench as it was thought desirable that a final and authoritative decision should be given by a Full Bench of this Court. The question referred to the Full Bench is : "What is the practice to be followed in the High Court of Andhra Pradesh in the case of criminal revisions filed by aggrieved parties under-Sections 435 and 439, Criminal Procedure Code, without approaching an inferior Court in the first instance?" St is not necessary to recapitulate the facts of the case as we are not called upon to give any decision on the merits but only decide the general practice. The problem that presents itself has to be solved -with reference to a group of Sections of the Criminal Procedure Code. Sections 435 to 439 of the Code so far as relevant may be extracted- "435 (1) The High Court or any Sessions Judge or District Magistrate or any Sub-Divisional Magistrate empowered by "the State Government in this behalf, may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order recorded or passed, and as to the regularity of any proceedings of such inferior Court and may when calling for such record, direct that the execution of any sentence or order be suspended and, if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. ***** "436. On examining any record under Section 435 or otherwise, the High Court or the Sessions Judge may direct the District Magistrate by himself or by any of the Magistrates Subordinate to him to make, and the District Magistrate may himself make, or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under Section 203 or Sub-section (3) of Section 204, or into the case o any person accused of an offence who has been discharged : 437. When, on examining the record of any case under Section 435 or otherwise, the Sessions Judge or District Magistrate considers that such case is tri able exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge or District Magistrate may cause him to be arrested, and may thereupon, instead of directing a fresh inquiry, order him to be committed for trial upon the matter of which he has been, in the opinion of the Sessions Judge or District Magistrate, improperly discharged ; ***** 438. (1) The Sessions or District Magistrate may, if he thinks fit, on examining under Section 435 or otherwise the record of any proceedings, report for the orders of the High Court the result of such examination, and, when such report contains a recommendation that a sentence or order be reversed or altered, may order that the execution of such sentence or order be suspended, and, if the accused is in confinement, that he be released on bail or on his own bond. ***** 439. (1) In the case of any proceeding the re cord of which has been called for by itself or which has been reported for orders, or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of appeal by Sections 423, 426, 427 and 428 or on a Court by Section 338, and may enhance the sentence; and when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in manner provided by Section 429.

(2.) It is manifest that these sections vest controlling and supervisory jurisdictions in the authorities mentioned therein. They also confer concurrent jurisdiction on Courts enumerated therein. Sections 435 empowers the High Court, the Sessions Court, the District Magistrate, etc., to call for records from any inferior Court to satisfy itself as to the correctness, legality or propriety of any sentence or order. The further course to be adopted by these authorities is indicated in the following sections. Under Section 436, the High Court or the Sessions Judge could revise an order of discharge and direct a District Magistrate or any Officer subordinate to hind to hold a further inquiry into that complaint. Section 437 authorizes the Sessions Judge or the District Magistrate to direct the committal of an -accused to Sessions in a case where he was improperly discharged by an inferior Court. In all other cases, the Sessions Judge or the District Magistrate could only report to the High Court for its orders. When the report of the Sessions Judge or the District Magistrate contains a recommendation, he could suspend the sentence or order the release on bail of the accused. It may here be mentioned that a change was effected in Section 438 in 1956 by adding the words "or order" thereby extending the scope of the power of the Sessions Judge and District Magistrate to suspend the operation of orders also,

(3.) These sections reveal that orders could not be passed by the Sessions Judge or the District Magistrate except in regard to those that are set out in Sections 437 and 438 and the final power of revision rests in all cases with the High Court which would exercise all the powers of an appellate Court in its revisional jurisdiction, and the other Courts could only refer the matter to the High Court for its orders with their recommendations except in regard to orders of discharge made by an inferior Court.