STATE OF ASSAM Vs. ABDUL HALIM

JUDGEMENT

(1.) IT is a criminal appeal arising out of an order passed by a Division Bench of the High Court of Gauhati dismissing the reference made by the Sessions Judge under section 395 of the Code of Criminal Procedure. The brief facts of the case which led to this appeal are as follows:

(2.) THE Session Judge of Nawagaon, during the trial of a murder case in Sessions Case No. 18 (N) of 1974 exercising the powers conferred under section 319 of the Code of Criminal Procedure directed the five respondents herein to be tried together with four other original accused already committed by the Magistrate to take their trial under section 302 read with section 34 IPC and also issued non -bailable warrants against these respondents.

(3.) THE learned Single Judge, thus quashed the order of the Sessions Judge impleading the respondents as accused and also the non -bailable warrants issued against them and directed the Sessions Judge to proceed against the original accused. After the matter went back, the Sessions Judge made a reference before the High Court under section 395 Cr. P.C. bringing to the notice of High Court that the order of the learned Single Judge was contrary to the decision of the Supreme Court in Joginder Singh v. State of Punjab .AIR 1979 SC 339. The Division Bench though expressed its opinion that in view of the judgment rendered by this Court in Joginder Singh case, the decision given by the learned Single Judge of that Court in the criminal revision is not good law, however rejected the reference holding that once the judgment has been pronounced by the High Court either in exercise of its appellate or revisional jurisdiction, no review or revision can be entertained against that judgment as there is no provision in the Code which would enable the High Court to review the same or to exercise the revisional jurisdiction. However, the High Court has granted leave to appeal before this Court under Article 134 (1) (c) of the Constitution of India.