Summary
The High Court declined to entertain a complainant’s revision against acceptance of a CBI closure report, directing him first to the Sessions Court. In view of the sixteen-year history and the need for speedy justice, the Supreme Court restored the revision for decision on merits. It expressly left open the legal question concerning choice of forum under concurrent revisional jurisdiction and expressed no view on the underlying case.
Issues
- Whether this long-pending case should be restored to the High Court without deciding the general question of revisional forum choice.
Provisions considered
- Section 397, Code of Criminal Procedure, 1973The Court restored the revision on the peculiar facts while leaving the question concerning choice between concurrent revisional forums open. (¶¶ 7, 8, 9, 10)
Held
- The prolonged history and constitutional importance of speedy justice made this an inappropriate case to settle the general question of forum choice or seek a larger-Bench determination. That question remained open. (¶¶ 8, 9, 10)
- The High Court order was set aside and the revision restored for a merits decision without further delay. All issues were to be considered independently, without any Supreme Court expression on merits; aggrieved parties retained liberty to approach the Supreme Court again. (¶¶ 10, 11, 12)
Result
Appeal disposed of; High Court revision restored for independent decision on merits without further delay; question of law left open.