( 1. ) THIS purports to be a petition under Article 227 of the Constitution of India, for a writ of certiorari against the order, dated 7-12-1974, passed by Shri R. D. Shukla, First Addl. Judge to the Sessions Judge, Jabalpur, in Criminal Revision No. 42 ,of 1974, arising out of the order, dated 29-5-1974, passed in Criminal Case No. 1609 of 1973, of the Court of Shri V. G. Shriwastava, Magistrate, Ist Class, Jabalpur.

( 2. ) THE respondent filed a complaint against the petitioner for an alleged offence under Section 406, Indian Penal Code read with Section 80 (3) of the Madhya Pradesh Non-Trading Corporation Act, 1962, purporting to act as Secretary of the Adarsh Khadi Gram Udhyog Mandal, Jabalpur. The petitioner challenged the constitution, Management and the accounts of the Khadi Gram Udhyog Mandal, Jabalpur, as bogus and fraudulently maintained for the purpose of defrauding the Government with an ulterior motive to get the institution certified and thus to have the regular grants-in-aid from the Government in the name of that bogus institution. The petitioner applied for production of documents and records of the said Adarsh Khadi Gram Udhyog Mandal, Jabalpur, under Section 94 of the Code of Criminal Procedure, 1898, vide application, dated 24-9-1973. The trial Magistrate allowed the application by an order of the same date directing the respondent to produce the documents and records. As such, the order, dated 24-9-1973 became final.

( 3. ) ON 19-4-1974 the respondent filed an application for dispensing with the production of documents, which were ordered to be produced as per the order, dated 24-9-1973. According to the petitioner, this was an attempt to get the earlier order reviewed. The trial Magistrate reviewed the order, dated 24-9-1973, vide order, dated 28-5-1974. Against the said order the petitioner filed a revision in the Sessions Court, which was dismissed by the impugned order. According to the petitioner, no second revision lies against the revisional order of the Sessions Judge, vide Sub-section (3) of Section 397 of the Code of Criminal Procedure, 1973. Hence this writ petition under Article 227 of the Constitution of India for a writ of Certiorari.

( 4. ) THE present case was instituted prior to the coming into force of the Code of Criminal Procedure, 1973. The new Code -came into force with effect from 1st April. 1974, Section 484 of the new Code, which relates to repeal and savings is as follows:

Section 484.- Repeal and savings.- (1), The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed. (2) Notwithstanding such repeal- (a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, enquiry or investigation pending, then. such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Code had not come into force: Provided that every inquiry under Chapter XVIII of the old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code; (b ). . . (c ). . . (d ). . .

Therefore, all pending eases on 1-4-1974 are to be dealt with in accordance with the provisions of the Code of Criminal Procedure, 1898. The further question arises whether the right of appeal or revision against such judgments or orders, which are delivered in cases, which were pending on 1-4-1974 are to be governed by the old Code or the new Code. The new Code does not make any provision in this behalf. We may, therefore, refer to the relevant provisions relating to appeals, revisions and references.

( 5. ) SECTION 373 of the new Code, relating to appeals also is as follows: Section 373.- Appeal from orders requiring security or refusal to accept or