MADAN MOHAN SHARMA Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner had filed a criminal complaint in the court of the Metropolitan Magistrate alleging offences punishable under Section 420, 406, 468, 471, 120B, 34 IPC having been committed by the private party respondents. He also made a prayer for a direction to the police under Section 156(3) Cr. PC for investigation. The Metropolitan Magistrate was, however, not impressed with the said prayer and declined it by order dated 22.09.2014 and instead opted to take cognizance calling upon the complainant to adduce evidence presumably for purpose of an inquiry under Section 200 Cr.PC.

(2.) Feeling dissatisfied, the petitioner had approached the court of Sessions invoking its revisional jurisdiction by criminal revision petition no.33/2014 which was dismissed by judgment dated 21.03.2015. It is the said order which is under challenge by the petition at hand filed invoking the jurisdiction of this court under Section 482 Cr. PC.

(3.) Against the above backdrop, question arose as to whether the petitioner having availed of the remedy of revision should be allowed to have recourse to the petition at hand as a substitute for virtually for second revisional challenge or scrutiny which is clearly barred under Section 397 (3) Cr.P.C.