Short Note : 1. The learned Additional Sessions Judge heard the parties and by the impugned order, he held that since proceedings under section 145 were concluded before the Sub-Divisional Magistrate while Criminal Procedure Code, 1898 was in force, the revision application filed before him under the Code of Criminal Procedure, 1973 was not competent. With this view the revision application was dismissed. Held: In the cause title of the revision application filed by the applicant Mathuralal before the learned Sessions Judge. it has been simply mentioned that the revision application is under section 398 of the Code of Criminal Procedure. It is not mentioned as to whether section 398 referred to the old Code or new Code. In any event it is, conceded that the revision application was under section 397 of the Code of Criminal Procedure, 1973. 2. In the view taken by the learned Additional Sessions Judge, that a revision application arising out of a case which was pending on 1-4-1974 would be entertainable only under the old Code and not the new Code, if this view of the learned Additional Sessions Judge is correct, then nothing should have prevented him from hearing parties on merits of the revision petition under the provisions of section 435 of the Code of Criminal Procedure, 1898 and in the event of the impugned order being found to be revisable, he could have made a reference under section 438 of the Code of Criminal Procedure to this Court. In case, according to him, the new Code was applicable he could have passed the final orders. This Court is however, surprised that the learned Additional Sessions Judge should have taken the view that the revision application itself is not maintainable. The view taken by him is patently perverse so much so that even the party in whose favour the order has been passed, is not able to support it in this Court. It is apparent that the learned Additional Sessions Judge anyhow wanted to dispose of the case and not decide it so that as his figures of disposal could be increased for statistical purposes. Dhanwanth Singh v. Shivnaresh Sharma, 1975 JLJ 319 , referred to Case remanded. Revision allowed.