Section 402 of the Code of Criminal Procedure provides for cases where several persons are convicted at one trial, and one or more of them file a revision application to the High Court and others file a revision application before the Sessions Judge.
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In such cases, it is for the High Court to decide as to which of the two Courts should finally dispose of the revision applications. In doing so, it must have regard to the general convenience of the parties and the importance of the question involved.
ADVERTISEMENTS:
If the High Court decides that all the revision application (or applications) pending before the Sessions Judge should be transferred to itself, it must direct that the application for revision pending before the Sessions Judge be transferred to itself. If, on the other hand the High Court decides that it need not dispose of the revision applications, it must direct that the revision application (or applications) made to it should be transferred to the Sessions Judge.
Whenever a revision application is transferred by the High Court to the Sessions Judge, no further revision application can be made to High Court or any other Court by the person (or persons) whose revision application (or applications) have been disposed of by the Sessions Judge.