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1966 Supreme(Ker) 298

ANNA CHANDY, V.P.GOPALAN NAMBIYAR
DEVAKI – Appellant
Versus
KITTA – Respondent


Judgment :-

1. This Revision Petition, arising from the proceedings under S.488 Crl. P. C., has been referred to a Division Bench in view of the preliminary objection raised to the maintainability on the ground that the Sessions Judge having concurrent revisional jurisdiction had not been moved first; and in order to settle the practice to be followed in this Court in such matters. That the Sessions Judge has concurrent revisional jurisdiction under S.435, Crl. P. C. in respect of the order now under revision before us, cannot be disputed. That this would not preclude the High Court from invoking or exercising its revisional powers, is also beyond dispute. But what is contended by the counsel for the petitioner is that the Sessions Judge cannot pass an effective order in revision, but must refer the case to the High Court under S.438 of the Code to be dealt with under S.439. Even so, the question arises whether as a matter of salutary practice, and in the interests of the better and efficient administration of justice, the party should first move the inferior court having concurrent revisional jurisdiction, before approaching the High Court. The authorities on the question have bee












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