K.B. Srivastava, J. - (1.) THIS revision raises an interesting question of law as to the interpretation of Sub-section (4) of Section 17 of the Code of Criminal Procedure, 1898, though, in view of the repeal of that Code by Section 484 of the Code of Criminal Procedure, 1973, the decision will have a purely academic importance only.
(2.) THE facts giving rise to the revision, may now be stated, in brief. One Rais Ahmad, an accused in a case under Section 25, Arms Act, was refused bail by the Sub-Divisional Magistrate. Sitapur and, therefore, he made a similar application before the Sessions Judge on-July 8, 3972 and the same was ordered to come up for hearing on July 14. The Sessions Judge, who was handing over charge on that date, in view of his transfer to another Sessions Division, passed an order 'which in so far as it is relevant, reads thus: - ''As- I am handing over charge today in the fore-noon, under Section 17 (4)........, I authorise Shri I. P. Mittal, Civil and Sessions Judge,...... to remain incharge of all urgent....... Criminal ........ work including disposal of bail applications of the Court of District Judge, ....... till my successor takes over." It is in the aforesaid circumstances that the bail application of Rais Ahmad was received by the Civil and Sessions Judge on July 14 and was ordered to be taken up on July 15. On the latter date, the Public Prosecutor challenged the jurisdiction of the Civil and Sessions Judge to hear the bail application on the ground that an order under Section 17(4) will be competent only if the Sessions Judge continues to be in office and such an order would be beyond the ambit of that section, if it is passed in view of the transfer of the Sessions Judge. The hearing of the bail application was postponed on July 15, and after hearing the learned counsel on both sides on a subsequent date, the learned Civil and Sessions Judge passed the impugned order on July 18 directing that that particular bail appli cation, and all other similar application be placed before the new Sessions Judge when one was appointed and took over charge of his office.
(3.) WE may give a general outline of the scheme of the Code with regard to the constitution of a Court of Session and its jurisdic tion and powers, before interpreting the scope and amplitude of Sec tion 17(4).;