Jeet Singh vs State of O.P.

N. B. Asthana, J.—The revisionist was named in the FIR as one of the accused. Neither chargesheet nor final report was submitted although against the coaccused chargesheet was laid for the offences punishable under Sections 308, 323 and 324, IPC. The coaccused were committed to the Court of Session. Learned VIth All Sessions Judge, Kanpur Dehat where the sessions trial was transferred for disposal summoned the revisionist under Section 193, CrPC for the offences punishable under Sections 308, 323 and 324, IPC. Aggrieved by it he has come to this Court in revision.

In view of Kishan Singh v. State of Bihar, 1993 JIC 443 (SC) : JT 1993 (1) SC 173, the order of the Court below summoning him under Section 193, CrPC is in accordance with law.

It was, however, urged that from the FIR, the injury report and the other material available on record no offence under Section 308, IPC can be said to have been made out. It would not be proper to decide this question at this stage. When the revisionist appears or brought before the Sessions court it is the duty of the trial Court to follow the procedure as laid down under Sections 226, 227 and 228, CrPC. It will be open to the revisionist to before the trial Court that no offence exclusively triable by the Court of Session has been made out and if he succeeds in making out such a case then case will have to be transferred to the CJM as contemplated under Section 288 (2) of CrPC. It is not the function of this Court at this stage to determine and decide as to whether offence under Section 308, IPC has been made out,

It was argued that in case the case is tried by the Sessions Judge then right to come to this Court in revision would not be available to the revisionist and this would violate the rights enshrined in Article 21 of the Constitution. This argument is based upon a misreading of Article 21 of the Constitution. A person can be deprived of his life and personal liberty according to the procedure established by law. In cases exclusively triable by the court of session the law gives the accused right to file appeal in the High Court. In case of offences triable by Magistrate the law gives right of appeal to Session Judge and then a revision can be filed in the High Court. This is a procedure prescribed by law. It does not contravene Article 21 of the Constitution of India.

The revision has thus no force and is dismissed at the admission stage.

Revision dismissed.