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TMI Blog1980 (5) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court? This question has been referred to the Full Bench. REVISION: 2. We will first deal with the revisional jurisdiction. Cri. P. C., 1898 (referred to as the "old Code") also conferred concurrent revisional jurisdiction on the High Court and the Court of Session as well as the District Magistrate. However, Sub-section (4) of Section 435 of old Code provided that if any application had been made either to the Sessions Judge or District Magistrate, no further application shall be entertained by the other of them. But no restriction was placed by the statute on the exercise of revisional jurisdiction by the High Court. An applicant could make an application before the Court of Session and thereafter before the High Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agistrate, as the case may be, to show that he has applied to one or the other and his petition has been referred. The Sessions Judge or District Magistrate can release a prisoner on bail or suspend a sentence pending a reference to the High Court." 5. The new Code has made material changes in respect of the powers of revision of the Sessions Judge. While conferring concurrent revisional jurisdiction on the High Court and the Court of Session, the right of a person to invoke the revisional jurisdiction of the High Court has been taken away in case he has already approached the Sessions Judge in revision. The relevant section is 397 and is in the following terms: -- "397 (1). The High Court or any Sessions Judge may call for and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cised by the High Court under Sub-section (1) of Section 401. (2) Where any proceeding by way of revision is commenced before a Sessions Judge under Sub-section (1) the provisions of Sub-sections (2), (3), (4) and (5) of Section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge. (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court." 6. It will be notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing a revision. A Division Bench of the Gujarat High Court in Brahmchari Satyanarayan Maharaj v. Kantilal L. Dave has come to the conclusion that the High Court Rules prohibiting a person from approaching the High Court without invoking the jurisdiction of the Sessions Judge first should be treated as having stood abrogated in the light of the new Code. A Full Bench of the Andhra Pradesh High Court In re Puritipati Jagga Reddy (AIR 1979 Andh Pra 146, 147) took a similar view and held that it is for the party to choose the forum. 9. We, therefore, hold that an applicant cannot be asked to apply to the Sessions Judge before making an application in the High Court. ANTICIPATORY BAIL: 10. Section 438 of the new Code makes a specific provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Singh v. State of Himachal Pradesh ILR (1975) HP 181 held that though a person is at liberty to apply for anticipatory bail to the High Court straightway he could not approach the High Court if his application had been rejected by the Sessions Judge. The reason for coming to this conclusion was that the order refusing anticipatory bail being interlocutory in character could not be revised because of the bar placed by Sub-section (2) of Section 397 of the new Code. This judgment is by D. B. Lall and Chet Ram Thakur, JJ. But in Vijay Nand v. State of Himachal Pradesh ILR (1975) H.P. 556 D. B. Lall, J., held that an order of the High Court granting anticipatory bail will be an order in the exercise of jurisdiction conferred by Section 439 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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