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2008 Supreme(Raj) 499

DEO NARAYAN THANVI
Natwar Lal – Appellant
Versus
State – Respondent


Advocates Appeared:
M.D. Purohit, Sr. Advocate assisted by Anand Purohit, P.N. Mohnanai, HSS Kharlia, Sandeep Mehta, Mahesh Boda , Mridul Jain, Chaitanya Gehlot, Suresh Kumbhat, Pradeep Shah, M.K. Garg, Niranjan Singh, J.P.Chhangani, Sunil Mehta, G.R.Punia, R.S.Choudhary, Dr

Honble THANVI, J.–By this common order, the core controversy involved in all these revision petitions with regard to the scope and ambit of Section 397 Cr.P.C. (hereinafter referred to as the Code), which confers concurrent powers to the High Court as well as to the Sessions Courts with regard to calling the record and to examine proceedings of the inferior courts as to its correctness, legality or propriety, is being resolved. In the present revision petitions, the petitioners are aggrieved by the various orders of the Courts of Judicial Magistrates/Addl. Chief Judicial Magistrates and Chief Judicial Magistrates of the State and without approaching the court of Sessions for no reason, they have preferred revision petition directly to the High Court. Whether High Court should encourage such practice so as to put some check to warrant propriety, whereby, the orders of elders are respected in hierarchy, being the essential theme of common law based on customary rules and practice.

(2). It is contended by the learned counsel for the different petitioners on the basis of the pronouncements of the various citations that when there is a concurrent jurisdiction, the option is left with the

































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