Sessions Judge's powers of revision
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Summary
Where the Sessions Judge calls for the record of a proceeding, he may exercise any of the powers that the High Court has under section 442(1). The procedural provisions of section 442(2), (3), (4) and (5) apply to such revision proceedings so far as may be, with references to the High Court read as references to the Sessions Judge. A revision application made by or for any person before the Sessions Judge is finally disposed for that person and cannot be entertained again by the High Court or any other court.
Example
Priya applies to the Sessions Judge for revision against a magistrate's order in her theft case. The Sessions Judge calls for the record and, using powers like those of the High Court, quashes the magistrate's order. Priya cannot thereafter approach the High Court or any other court for another revision on the same application.
Bare Act
Enacted text(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442.
(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge.
(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.
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