The main legal point established is that the Sessions Judge has the power to entertain and decide a revision petition challenging the acquittal recorded by the Judicial Magistrate, as per Section 399 of the Criminal Procedure Code.

( 1 ) THIS transfer petition is filed for purpose of transfering the revision petition which has been initiated by the petitioner before the Sessions Court of khammam to this Court. It is contended on behalf of the petitioner by his learned counsel that in a case instituted by police on his complaint before the judicial First Class Magistrate at Sathupalli in C. C. No. 266 of 1988, the case ended in acquittal. The Public Prosecutor or the State did not prefer any appeal against the acquittal. He therefore, preferred Crl. P. No. 61 of 1992 before the learned Additional District and Sessions Judge, Khammam. The said revisions isstill pending. The petitioner however, apprehends that the Sessions Court has no power to entertain and decidea revision petition in which acquittal recorded by the Judicial Magistrate is challenged. The apprehension is misplaced. Section 399 of the Criminal Procedure Code runs as follows:-"399. Sessions Judge s powers of revision (1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of Section 401. Where any proceeding by way of revision is commenced before a sessions Judge under sub-section (1), the provisions of sub-sections (2), (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 proceedings by way of revision at the instance of such person shall be entertained by the High Court or any other Court. "

( 2 ) ON proper reading of the section as a whole it will be clear that all the provisions of sub-sections (2), (3), (4) and (5) of Section 401 so far as it may be applied to such proceeding in the said sub-section to the High Court shall be considered as references to the Sessions Judge. Thus the sessions Judge also has powers as stated in Section 401, Cr. P. C. under Section 401 (5) when an appeal lies but is not preferred, a remision can be entertained under certain circumstances. The powers on revision are therefore identical. There is no room for any doubt that the Sessions Judge has no power to consider the revision in question. In the circumstances of the case there is no need to transfer the criminal Revision Petition No. 61 of 1992 from the Court of the Additional district and Sessions Judge, Khammam to this Court.

( 3 ) THE Transfer Criminal Miscellaneous Petition is therefore dismissed. However, the learned Additional District and Sessions Judge, Khammam is directed to dispose of the Crl. R. P. 61/1992 on merit as early as possible.