( 1 ) THIS matter has come up before us on reference made by Hon'ble the Chief Justice in view of the contrary opinions referred in two Single Bench decisions rendered in Shridhar Shastri v. Prakashwati Cri. Misc. Case No. 2194/1980, decided on 16-8-1990, reported in (1990) 2 MPWN 185 by Hon'ble Shri Gulab Gupta, J. as he then was, and the other decision of Hon. Shri D. M. Dharmadhikari, J. passed in Cri. Rev. No. 608/1991 decided on 17-3-1992, reported in (1993) 1 MPWN 186, Vijay Rao v. State of M. P. and the following question has been referred:-"whether it is obligatory to move the Court of Session first before asking the High Court for exercise of the revisional jurisdiction under Section 397 ( 1) of the Criminal Procedure Code?"section 397 of the Code of Criminal Procedure 1973 gives an option to an aggrieved party to approach High Court or the Sessions Judge. The question involved is of general importance and of day to day recurrence.

( 2 ) BRIEF facts of the case are - State of Madhya Pradesh preferred a revision against the order passed by Judicial Magistrate First Class, Bhind in Crl. Case No. 231 of 1992 whereby a supplementary charge-sheet filed against th