A GOVINDARAJU Vs. K USHA

JUDGEMENT

(1.) Styled as ''Review Petition'', this petition is filed. But the provisions invoked are Section 397, 401 and 482 of Cr.P.C. and office has raised objection about its maintainability.

(2.) In answer to it, the learned counsel for the petitioner Sri.Venkatesh R Bhagath would submit that there is no provision under Cr.PC and hence, he has invoked the provisions referred to above but the relief sought is to review. On such a submission, it has to be held that review is not maintainable under Section 397. It is only a revisional power of this Court. Section 482 is referred to as a provision under which the petitioner seeks the relief of review by this Court. It is noticed in the recent past, similar petitions are being filed in the High Court invoking Section 482 of the Cr.PC for reviewing the final orders passed in criminal proceedings. It is therefore desirable to deal with this issue with reference to the settled position of law as on date.

(3.) Heard.