(1.) The petitioners have invoked the jurisdiction of this Court under Art. 227 of the Constitution, for quashing the order passed by the learned Additional Sessions Judge, Arrah, dismissing the criminal revision application filed on behalf of the petitioners. That revision application had been filed on behalf of the petitioners under S. 397(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), for setting aside an order passed by the Sub-divisional Magistrate, converting a proceeding u/S. 144 of the Code into one u/S.145 of the Code.
(2.) It appears that the petitioners first filed a criminal miscellaneous application u/S.482 of the Code which was listed for admission before a learned Judge of this Court. The learned Judge was of the opinion that as the petitioners had already filed a criminal revision application before the Sessions Judge, it was not open to them to invoke the inherent power of this Court u/S. 482 of the Code far quashing of the order passed by the Sub-divisional Magistrate aforesaid, in view of S. 397(3) of the Code which bars second revision application before this Court. Thereafter the petitioners filed the present application for exercise of power by this Court under Art. 227 of the Constitution.
(3.) At the stage of admission itself, the question of maintainability of this writ application was raised, in view of a Full Bench decision of this Court in the case of Ramesh Kumar Ravi alias Ram Prasad v. State of Bihar 1987 Pat LJR (HC) 650: (1987 Cri LJ 1489). In the aforesaid case, it has been held that judgments and orders of the Judicial Magistrates and the Courts of Session would be totally out of the purview of a writ of certiorari and amenable only to the process of appeal, revision, or the inherent jurisdiction of the High Court u/S.482 of the Code.
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