Applicants can apply for revision or anticipatory bail directly to the High Court without first invoking the jurisdiction of the Sessions Judge.

V.D. Mishra, C.J.—Powers of revision and of granting anticipatory bail have been conferred on the High Court as well as the Court of Session by sections 397 and 438 of the Code of Criminal Procedure, 1973 (referred to as the "new Code"). Is it incumbent upon an applicant to approach the Court of Session before moving the High Court ? This question has been referred to the Full Bench. Revision.

2. We will first deal with the revisional jurisdiction. Code of Criminal Procedure 1893 (referred to as the "old Code") also conferred concurrent revisional jurisdiction on the High Court and the Court of Session as well as the District Magistrate. However, sub-section (4) of section 435 of old Code provided that if any application had been made either to the Sessions Judge or District Magistrate, no further application shall be entertained by the other of them. But no restriction «vas placed by the statute on the exercise of revisional jurisdiction by the High Court. An applicant could make an application before the Court of Session and thereafter before the High Court or directly before the High Court. But as a matter of practice the High Courts insisted that an application should be made before the Court of Sessions before moving the High Court in revision. Some of the High Courts had even made such a rule. The object was to save time of the High Court and also to have advantage of the opinion of the Court of Session.

3. Though the old Code conferred revisional jurisdiction on the Sessions Judge, his powers to grant relief were limited. He could order further enquiry where a complaint had been dismissed before issuing process to the accused: (section 436). He could also direct the commitment for trial of an accused wrongly discharged if the trial was exclusively by the Court of Session: (section 437). But the Sessions Judge had no power to alter or reverse any sentence or order. He could only make a recommendation to the High Court for the same; (Section 438).

4. This Court as well as the High Courts of Punjab and Haryana, and Delhi have a similar rule compelling an applicant to apply to the Sessions Judge first before invoking the revisional jurisdiction of the High Court. It is Rule 3 of Chapter I-A (b), Vol. V, High Court Rules and Orders. It reads;— "As regards petition under section 436 and section 439, Criminal Procedure Code, the Deputy Registrar will not receive petitions for revision of orders of original courts in non-appealable cases, unless the applicant files with the petition a copy of the order of the Sessions Judge or District Magistrate, as the case may be, to show that he has applied to one or the other and his petition has been referred. The Sessions Judge or District Magistrate can release a prisoner on bail or suspend a sentence pending a reference to the High Court."

5. The new Code has made material changes in respect of the powers of revision of the Sessions Judge. While conferring concurrent revisional jurisdiction on the High Court and the Court of Session, the right of a person to invoke the revisional jurisdiction of the High Court has been taken away in case he has already approached the Sessions Judge in revision. The relevant section is 397 and is in the following terms:— "397(1). The High Court or any Sessions Judge may ca1! for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself 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. Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be