Criminal Revision: Can HC Ask Petitioner To Approach Sessions Court First? SC Leaves The Question Open
6 years, 2 months ago

Criminal Revision: Can HC Ask Petitioner To Approach Sessions Court First? SC Leaves The Question Open

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The Supreme Court refused to refer the question regarding choice of jurisdiction under Section 397 of Code of Criminal Procedure to larger bench. The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar was considering an appeal against Delhi High Court order that had dismissed a revision petition under Section 397 CrPC, observing that as there are no special circumstances to bypass the forum of the Sessions Judge, and that the petitioner should approach the Sessions court first. The High court, after keeping matter pending for about two years, dismissed his petition, granting liberty to approach Sessions Court first. However, the bench said: "Having considered the fact that this case had taken place as long back as in the year 2002 and almost sixteen years have elapsed, and that it is ingrained in our criminal justice system that we seek to provide speedy justice as a matter of a constitutional right, we do not consider this case to be an appropriate one to decide on the question of law considering the peculiar facts and circumstances involved. " Leaving the question of law open, the bench set aside the High Court order and restored the revision petition before the High Court to consider it afresh.

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