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TMI Blog2007 (2) TMI 327X X X X Extracts X X X X X X X X Extracts X X X X ..... one month each. This revision has been filed by the accused-petitioners against the said order of conviction and sentence. A preliminary objection is taken by learned counsel for the complainant-respondent that in terms of section 374 of the Code of Criminal Procedure, 1973 (for short "Cr. P. C."), an appeal is provided against the conviction and sentence. Therefore, the present revision case is not maintainable. Section 374(2) of the Code of Criminal Procedure lays down as under : "Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been against him or against any other person convicted at the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 397 lays down as under : "397. Calling for records to exercise powers of revision. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local 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. (2) The powers of revision conferred by s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to exercise all those powers, which can be exercised by the High Court. Under sections 400 and 401 of the Code of Criminal Procedure powers of a Sessions Judge can also be exercised by the Additional Sessions Judge. The limitations and conditions for exercise of powers under sections 397 and 398 of the Code of Criminal Procedure are prescribed in section 401 of the Code of Criminal Procedure. Section 401 of the Code of Criminal Procedure lays down that in case of any proceeding of which the record has been called for, the court may exercise the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 of the Code of Criminal Procedure. In other words, after summoning the records under section 397 of the Code of Crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 397 of the Code of Criminal Procedure could be availed by the accused-petitioners, although they had a remedy of appeal in terms of the provisions of the Code of Criminal Procedure. On the other hand, learned counsel for the respondent has also relied on various judgments of this court and the apex court reported in Vijay Pat v. State [1972] Crl. LJ 543, Jagir Singh v. Ranbir Singh, AIR 1979 SC 381, State of Maharashtra v. Jagmohan Singh Kuldip Singh Anand, AIR 2004 SC 4412 and C. Kunnhamad v. G. Abdul Kader [1978] Crl. LJ 19 (Ker.). Though the judgment of the apex court in State of Maharashtra v. Jagmohan Singh Kuldip Singh Anand, AIR 2004 SC 4412, does not deal directly with the point but it has stated that th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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