Section 439 of the Code of Criminal Procedure, 1898, candidly provides concurrent jurisdiction to the High Court but at the same time it does not mean that without any plausible justification, a party being aggrieved by an order of the learned Magistrate who is inferior to the Sessions Judge as provided in explanation of Section 435 of the Code ibid, can directly approach the High Court as a parallel option available to him. I am of the opinion that such practice, if allowed, is likely to frustrate the wisdom behind the legislation of Section 439-A of the Code of Criminal Procedure, 1898, by virtue of which revisional powers have been devolved to the Sessions Judges and the scheme of dispensation of justice at doorstep.
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