J. C. Mishra, J. - (1.) THIS reference has been made by Hon. R. N. Ray, J. for decision as to whether earlier single Bench decision in Mahavir and another v. State of U. P., 1981 ACC 630, is a good law. in view of the provisions of Section 399 (1) (2) and of Section 401 (2), Cr. P.C.
(2.) THE aforesaid reference has been made in the backdrop of facts given below : s Satya Naraln feeling aggrieved by the order passed by the revisional court filed writ petition challenging the aforesaid order. It was contended by the learned counsel for the petitioner that the Additional Sessions Judge committed error in re-appreciating the evidence and recording the finding of possession in favour of opposite party Ramesh Chandra. Reliance was placed on the pronouncement of this Court in Mahavir and another v. State of U. P., 1981 (18) ACC 630. The learned single Judge disagreed with the view taken in the Mahavir's case and in view of this conflict, he directed the record to be placed before the Hon'ble the Chief Justice for referring the matter to a large Bench for consideration whether the decision referred to above is good law in view of the proviso to Section 399 (1) (2), Cr. P.C. and of Section 401 (2), Cr. P.C. The learned Chief Justice referred the matter to Division Bench.
(3.) WE have heard Sri S. N. Verma, learned counsel for the petitioners, learned counsel for the opposite and Sri V. S. Mishra, learned Additional Government Advocate. Section 397, Cr. P.C. conferred revisional powers on the High Court as also on the Sessions Judge. Section 399 (1). Cr. P.C. provides that while deciding criminal revision a Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of Section 401, Cr. P.C. Sub-section (2) of Section 399 provides that 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 401 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.;