SHARIFFUDDIN HAJI NOOR BAKSH Vs. STATE,

JUDGEMENT

(1.) THIS petition preferred under Section 482 of the Code of Criminal Procedure is directed against the order made by an Additional Sessions Judge, Delhi, on 25th of November, 1975, by which he disposed of Criminal Revision No.2 of 1975. The disposal by the Additional Sessions Judge was of a Criminal Revision petition within the purview of Section 397 of the aforesaid code. Sub -section (3) in that provision is: -

(2.) THE learned counsel for the petitioner has urged with great ability that there is no limitation in Section 482 of the Code prohibiting the exercise of that jurisdiction against any order which may have been passed under the Code, Section 482 of the Code is: -

(3.) A careful scrutiny of the afore -quoted provision leads to the conclusion that its ultimate part must be read ejusdem generis with the contemplation in the provision that the provision is to be used also to give effect to the orders passed under the Criminal Procedure Code. The dismissal of the revision petition in this case by the learned Additional Sessions Judge is within the four corners of Section 397 of the Code and instead of giving effect to that dismissal the ultimate part in Section 482 cannot be used as a substitute for the revisional jurisdiction the exercise whereof by this court is barred by sub -section (3) of Section 397. The order of the Additional Sessions Judge has become final in view of sub - section (3) of Section 397 of the Criminal Procedure Code.