RITU SETHI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition under Sec. 482 of the Criminal Procedure Code, 1973, seeks setting aside of the impugned order dtd. 10/5/2013, passed by Sh. Vinay Kumar Khanna, learned Additional Sessions Judge -04, South-East District, Saket Courts, Delhi in Criminal Revision No. 09 of 2013, titled Ritu Sethi Vs. State and Ors., dismissing the said revision petition. Vide the said revision petition, the petitioner had sought setting aside of order on charge, dtd. 10/3/2013, passed by the Court of learned Metropolitan Magistrate, South-East District, Saket Courts, Delhi; in case FIR No.36/2003 under Ss. 498A/406/34 IPC, Police Station: Greater Kailash-I, whereby the husband/respondent no. 3 was charged under Sec. 498-A IPC, whereas other accused persons namely Mrs. Suniti Sethi/mother-in-law and Ms. Mala Sethi/sister-in-law/respondent no. 2 were discharged for the offences under Ss. 498A/406 IPC and the husband/respondent no. 3 was discharged for the offence under Sec. 406 IPC.

(2.) Brief factual background necessary for the disposal of the present petition is as under:

(3.) The learned counsel for the respondents submits that the Petitioner has approached this Court by way of second revision petition under Sec. 482 of the Cr.P.C., after dismissal of first statutory revision petition under Sec. 397(3) and therefore the present petition is not maintainable. In furtherance of the same, the learned counsel relies on Rajan Kumar Manchanda Vs. State of Karnataka, 1990 (Supp) Supreme Court Cases 132, whereby it has been held as under: