CHANDER BOSE Vs. VED PRAKASH

JUDGEMENT

(1.) THIS petition has been filed by the petitioner under Article 227 of the constitution of India read with Section 482 of the Code of Criminal Procedure (Cr. P. C.) to assail the order dated 04. 04. 2003 passed by the learned metropolitan Magistrate dismissing the complaint filed by the petitioner against the respondents as well as for summoning them to face prosecution under Sections 380, 448, 453, 506 read with Section 34 of the Indian Penal Code (IPC) as well as the judgment dated 01. 10. 2003 passed in revision by learned Additional sessions Judge upholding the order passed by the learned Metropolitan magistrate.

(2.) THE petitioner submits that both the aforesaid orders are illegal, improper, incorrect and are against the facts and material available on record. It has also been submitted that the Courts below erred in not summoning the respondents on the complaint of the petitioner and thus, have failed to exercise the jurisdiction vested in her by dismissing the complaint on the ground that civil litigation was pending between the parties in respect of the property, subject matter of complaint. The Courts below failed to appreciate that filing of the civil suits by the petitioner does not debar him from filing a criminal complaint against the respondents for the criminal offence allegedly committed by them. Thus, the orders passed by the Courts below suffers from material infirmity and requires interference by this Court in exercise of its powers to do complete justice by setting aside both the orders and directing the metropolitan Magistrate concerned to take cognizance of the complaint filed by the petitioner and proceed with the same in accordance with law.

(3.) AT the outset, I may observe that a petition under Section 482 Cr. P. C. is not permitted to be filed by way of a second revision in view of Section 397 (3) of the Cr. P. C. which reads as under: 397 - Calling for records to exercise powers of revision: (1) and (2)- xxxxx (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.