S. Malik, J. - (1.) (for self and for J. P. Chaturvedi, J.) :-This is an application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the new Code) praying that the order dated 11-7-1974 of the Additional Munsif Magistrate, Nagina, discharging the accused-respondents in a complaint case be set aside.
(2.) ACCORDING to the complainant, the accused-respondents committed offences punishable under Sections 409, 420, 467, 468 and 471 of the Indian Penal Code. Before coming to this Court the applicant went up in revision under the provisions of the new Code to the Court of Session and the same was rejected by the Additional Sessions Judge on the 31st of October, 1975. As usual, the application came up for hearing before a learned Single Judge of this Court. As conflicting views have been expressed by two learned Judges on the question as to whether in view of sub-section (3) of Section 397 of the new Code even an application under Section 482 of the new Code like the one before us would be barred after the aggrieved party had gone up in revision before the learned Sessions Judge, the matter has been referred to a larger bench. The cases in which conflicting views were taken, are-Sar joo v. Babadin, 1975 AWC 500 and Dassu v. Smt. Manitra, 1916 AWC 78. The question referred to us, as framed by the learned Single Judge, is : "Whether in a case where an application under Section 397 of the Code of Criminal Procedure, 1973, has been made by any party in the court of session and the application is decided against him, it is open to that party to invoke the extra-ordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure to seek redress against that order despite the provision contained in sub-section (3) of Section 397 and sub-section (3) of Section 399 of the Code ?"
(3.) SECTION 397 of the new Code is in Chapter XXX of the new Code which deals with 'reference' and 'revision'. SECTION 397 deals with powers of revision of the High Court or a court of Sessions. Sub-sections (2) and (3) of Section 397 of the new Code are bare imposed on the wide powers of revision that can be exercised by the High Court or a Court of Session.;