1950 Supreme(Raj) 186
Rajasthan High Court
Nawal Kishore C.J. and Gupta, J.
Lala - Appellant
Versus
The Stare - Respondents
D.B. Criminal Revision No. 28 of 1950
Decided On : December 15, 1950
Hastimal for Petitioners; Sumerdan, for State
Headnote:High Court Practice — Division Bench is bound by a previous Division Bench decision but Division Bench or single judge can disregard the view of another single judge.Defence of India Rules, Rule 81— Accused challaned on the ground that they were attempting to smuggle rice out of the State—Accused caught with bags of rice at a place within one mile of border from where many roads branch to different directions including places within the State—Charge of smuggling held not proved beyond all doubt.
Though one Division Bench should regard itself bound by the decision of another Division Bench on a question of law, a judge deciding a case singly is certainly not / bound on a question of law by the view of another judge sitting singly on a previous occasion and is at liberty to differ from it. A Division Bench is free to disregard altogether the view taken by a judge sitting alone. It makes no difference whether the cases thus dealt with are entirely independent or connected with each other. (Para 2)
Act Referred
2. After a lapse of nearly two months from the date of the above order of the High Court in revision and after more than nine months from the date on which the learned Sessions Judge had dismissed the appeal, the present application for revision has been preferred in this Court on behalf of the remaining three accused persons, namely, Lala, Kasamdin and Nagarmal and it is urged by the learned counsel on their behalf that the case against all the accused being identical, there is no reason why the order passed by the learned Magistrate of the trial court convicting and sentencing them should not also be set aside. This contention of the learned counsel raises the question whether it is not open to a Judge or Judges of this Court sitting singly or in Division Bench to take in the same case a view which is different from that of another Judge who has dealt with a revision petition preferred on a previous occa-ssion. The learned counsel was unable to support his argument by any authority on the point. He, however, relied upon the provisions of section 439 of the Code of Criminal Procedure and argued that the learned Judge who heard the former revision petition was competent to deal with the cases of the present petitioners and to acquit them even though they had not applied in revision and therefore any other Judge or Judges of the High Court while dealing with the cases of those who had not applied in revision must conform to the judgment of that Judge. We are unable to accept the contention. As it is, though one Division Bench should regard itself bound by the decision of another Division Bench on a question of law, a Judge deciding a case singly is certainly not bound on a question of law by the view of another Judge sitting singly on a previous occasion and is at liberty to differ from it. (Vide Full Bench decision reported in A.I. R. 1940 Mad. 356.) The case of a Division Bench differing from the view taken by a Judge sitting alone stands on stronger footing. As has been observed by Leach C. J. in the above decision, "the Division Bench is the final Court of appeal in an Indian High Court, unless the case is referred to a Full Bench" and it can safely be laid down that it is not bound by any view taken by another Judge of the High Court sitting alone on some previous occasion. In our opinion, it makes no difference whether the cases thus dealt with are entirely independent or connected with each other. Normally speaking, it would indeed be proper that if on a revision preferred by some of the accused persons, a Judge of this Court sitting in Single Bench has