Swami Sadashiva Brahmendra Sar (Nil) 17 December 2010
An application u/s 156(3) was rejected by the Magistrate. Allowing the revision, the sessions judge has directed the police to register FIR and investigate the case.
Can order of sessions court be challenged before High Court on the ground that he has no jurisdiction to issue such direction to the police?
N.K.Assumi (Advocate) 18 December 2010
The Session Court being confered with a kind of a paternal or Supervisory jurisdiction can do so but not to satisfy the court's curiosity. The expression " may call for the record" show that whenever the superior court is appraised of the existence of the record of the inferior criminal court needing scrutiny it may, in its discreation call for and examine such record. As such it depends upon the order of the lower court.
DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 18 December 2010
If you a worthwhile case than approach HC.
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