Applications for revision of orders passed by Magistrates of the second or third class are frequently made to the Sessions Court instead of to the Court which hears appeals from such Magistrates. Courts authorized to act under Section 435 of the Code are considered to act suo motu and they have discretion to refuse to consider an application on its merits if any proper reason for refusal exists. A Sessions Judge would be justified in refusing to consider the merits of an application if no reason was apparent why the application was not made to the office who would have dealt with the appeal had the order been appealable. In view of the provisions of Section 435 (4) the application should in such cases be returned for presentation to the proper Court.
