Power of High Court to withdraw or transfer revision cases
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Summary
When persons convicted at the same trial apply for revision to different courts (some to the High Court, some to the Sessions Judge), the High Court decides which court should finally dispose of all the applications, considering parties' convenience and the question’s importance. If the High Court keeps the matters, it will order transfer of those pending before the Sessions Judge to itself; if not, it will transfer its own applications to the Sessions Judge. Transferred petitions are treated as if originally filed in the receiving court. If the High Court sends applications to the Sessions Judge, those applicants cannot later seek revision to the High Court or any other court for the same matter.
Example
Priya and Ravi are convicted at the same trial. Priya applies for revision to the High Court while Ravi applies to the Sessions Judge. The High Court decides which court should finally hear both applications; if it keeps the matter it will order Ravi’s petition transferred to itself, and if it sends cases to the Sessions Judge Priya’s petition will be transferred and neither can then seek revision again to 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 question involved. Which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the application 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 the 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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