Calling for records to exercise powers of revision
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Summary
High Court or a Sessions Judge may call for and examine the record of any proceeding in an inferior criminal court within their local jurisdiction to check the correctness, legality or propriety of findings, sentences or orders and the regularity of proceedings. They may suspend execution of any sentence or order and direct that an accused in custody be released on bail or on personal bond while the record is examined. Magistrates are deemed inferior to the Sessions Judge for this purpose; the power does not extend to interlocutory orders, and if a person applies to one forum the other will not entertain a second application.
Example
Ravi was convicted by a magistrate and sentenced to six months' imprisonment. He applied to the Sessions Judge for revision; the Sessions Judge called for the trial record, stayed the sentence's execution and ordered Ravi's release on bail pending examination of the record.
Bare Act
Enacted text(1) The High Court or any Sessions Judge may call 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 or himself 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 deemed to be inferior to the Sessions Judge for the purposes of this Sub-Section and of section 398.
(2) The powers of revision conferred by Sub-Section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.
(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.
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