A full bench of Allahabad High Court (at Lucknow) held as follows:
From Para 23,
23. Under Section 397 of Cr P C “the High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court…”. That the Court of Sessions is as an inferior Court to the High Court, cannot be disputed. Thus, the Court of Sessions before which an appeal has been prescribed under Section 29 of the Act, 2005 is a Criminal Court inferior to the High Court and, therefore, a revision against its order passed under Section 29 will lie to the High Court under Section 397 Cr P C. Section 401 Cr P C is supplementary to Section 397 Cr P C.
From Para 25,
25. In the result, we answer the first question in the affirmative holding that the decisions in Nishant Krishna Yadav (supra) and Manju Shree Robinson (supra) do not lay down the law correctly. In other words, we hold that a revision under Section 397/401 of Cr P C against a judgment and order passed by the Court of Sessions under Section 29 of the Act, 2005 is maintainable and that the decisions in Nishant Krishna Yadav (supra) and Manju Shree Robinson (supra) do not lay down the law correctly.
Dinesh Kumar Yadav Vs State of U.P and Anr on 27 Oct 2016
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Shades of Knife
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