Power of High Court to withdraw or transfer revision cases
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Summary
When co-accused convicted in the same trial apply for revision to different courts, the High Court decides, based on convenience and the importance of issues, which court should finally dispose of all the revision applications. It can direct applications pending before the Sessions Judge to be transferred to itself, or send those made to it to the Sessions Judge. A transfer means the receiving court treats the application as if originally filed there, and if the Sessions Judge disposes an application, the applicant cannot later seek revision in the High Court.
Example
Ravi and Priya, convicted together, apply for revision to different courts: Ravi to the High Court, Priya to the Sessions Judge. The High Court orders Priya's application transferred to itself and then hears both applications together. If instead the High Court had transferred Ravi's application to the Sessions Judge, Ravi could not later seek revision again in the High Court.
Bare Act
Enacted text(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.
(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.
(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.
(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.
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