1. The question referred for the decision of the Full Bench is whether a party invoking the revisional jurisdiction vested under S.435, Code of Criminal Procedure can straightaway move the High Court or that he should first move the Sessions Judge or the District Magistrate and then only the High Court. The aggrieved party comes to this court normally under S.439 read with S.435 of the Code. S.435 reads:

"The High Court or any Session Judge or District Magistrate, or any Sub Divisional Magistrate empowered by the State Government in this behalf may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his 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."

If after perusal of the record called for under