Emperor vs Shrirang Jayaba Vichare

John Beaumont, Kt., C.J.—This is an application in revision made in these circumstances, The two accused wore convicted u/s 504 of the Indian Penal Code. The learned Magistrate came to the conclusion that it was a dispute between villagers of no great consequence, and he, therefore, merely required the accused to enter into a bond u/s 562 (1) of the Criminal Procedure Code in a sum of Rs. 30 with a surety of Rs. 80 for a period of one year. From that order the accused appealed to the Sessions Judge at Thana who rejected the appeal summarily, and they now come to this Court in revision, The contention is that on the facts proved the case did not come within Section 504 of the Indian Penal Code, because the insults proved were not intended or likely to lead to a breach of the peace.

I think there is no force in that contention, but in any case I think that we should not interfere in revision. I have said before, and I wish to repeat, that powers of revision are not in my judgment given to this Court in order that we may interfere in every case in which a question of law arises. The Criminal Procedure Code gives a right of appeal in certain cases, but in cases where the sentence is below a certain limit there is no right of appeal to the High Court. A practice seems to have grown up in this Presidency of entertaining applications in revision wherever the decision of the lower Court involves some point of law. But in my opinion there is no justification for this practice, since the Code of Criminal Procedure gives no right of appeal upon points of law analogous to that given in civil cases by Section 100 of the Code of Civil Procedure. The High Court has an absolute discretion under Sections 435 and 439 to interfere in revision in any case, but in my opinion that discretion ought only to be exercised in order to prevent substantial injustice, or, where there is involved a point of law of general importance which may govern other cases. In the present case two Courts have held that the facts bring the case within Section 504 of the Indian Penal Code, and no question of general importance is involved. It is obvious that the sentence inflicts no serious hardship on the accused, In my view this application should have been rejected summarily and it will now be dismissed.