SHIVAJI VITTAL RAO CHAUHAN Vs. BAHUBALI DEVAGOUDA NASLAPUARE

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent regarding maintainability of the application. The present petitioner had earlier approached this Court by way of Criminal Revision Petition No. 2084/2010. The same was dismissed on merits by an order of this Court dated 18.8.2010. The same was carried by way of a Special Leave Petition before the Apex Court. The Apex Court has disposed of the Special Leave Petition, as withdrawn in Special Leave Petition (Crl.) No. 561/2011 dated 31.1.2011 in the following terms.

(2.) The present application is filed pursuant to the said order. It is sought to be contended that by virtue of the above order the petitioner is entitled to raise an additional ground that the trial Court having taken exception to the non production of the envelope which contained the notice issued to the accused though there was an endorsement by the postal authorities to the effect that it was duly served on the accused and that the same not having been produced did not weaken the case of the complainant, since there is a presumption under Section 27 of the General Clauses Act, 1897, that notice was duly served on the respondent by virtue of the endorsement issued by the postal authorities. This in addition to the other grounds which were already raised in the earlier petition, are sought to be canvassed.

(3.) The learned counsel for the respondent has raised strong objection to the maintainability of the present application. The learned counsel would submit that this Court having dismissed the earlier petition, by the present petitioner, there is a bar under Section 362 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C., for brevity) to entertain the present application on whatever grounds, since it would tantamount to a review of the earlier order of this Court. In this regard he would place reliance on a three Judge bench judgment of the Apex Court in the case of State of Kerala vs. M.M. Manikantan Nair, 2001 AIR(SC) 2145.