PRABIND KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application for revision under Section 397 Cr.P.C. has been filed for setting aside the order dated 5.1.2005 passed by Judicial Magistrate Ist Class, Page 0277 Danapur in Bikram P.S. Case No. 70 of 2001 thereby and thereunder the learned Judicial Magistrate has ordered for release of truck bearing No. BR-25G/8681 in favour of opposite party No. 2 Amrendra Kumar after rejecting the prayer of the petitioner for the same.

(2.) IN course of hearing, a preliminary objection was raised as to maintainability of this revision application as the petitioner has directly approached this Court ignoring the forum of Sessions court which was available to him to challenge the order in question. On the other hand, the learned Counsel for the petitioner submitted that in the matter of revision jurisdiction of High Court and Sessions Court is concurrent under Section 397 Cr.P.C. of 1973 and, therefore, it is the sole discretion of the aggrieved party to choose one of the forum as per his choice. Section 397 Cr.P.C. does not create any bar against directly invoking the jurisdiction of the High Court instead of availing the forum of Sessions Court.

(3.) FROM plain reading of the provision, it is manifestly clear that the law neither prohibits the party to directly invoke the revisional jurisdiction of the High Court nor bars the High Court to entertain such application if approached directly by-passing the forum of Sessions Court.