GIRDHARILAL Vs. PRATAP RAIMEHTA

JUDGEMENT

(1.) this petition is filed by the respondents in criminal revision petition no. 398 of 1988 for recalling the order dated 4-11-1988 passed in the said revision petition.

(2.) the cr. R.p. no. 398 of 1988 had been filed by the complainant in pcr. No. 87 of 1988 on the file of the iv additional c.m.m., Bangalore against the order passed by the learned magistrate dismissing his complaint. This court by an order dated 4-11-1988 has allowed that revision petition and has remitted the matter back to the magistrate with a direction to make further enquiry and to dispose of the complaint in accordance with law in the light of the observations made in the order.

(3.) as the order in the criminal revision petition had been made on merits, the respondent had raised an objection regarding the maintainability of this criminal petition for recalling the order. The court after hearing both the sides on the question of maintainability of the petition, has by order dated 1-6-1989 held that the present petition is not for review of the order already passed but is only for recalling the order and that the petition is therefore maintainable under section 482, cr. P.c. however, this court has observed that it would be for the present petitioners to substantiate their contention that they are entitled to invoke the inherent jurisdiction of this court at the time of hearing.