KAVITA Vs. STATE

JUDGEMENT

(1.) By this petition under Section 482 Cr.P.C., the petitioner seeks quashing of the order dated 11.9.1995 passed by Shri V.P. Kandpal, Metropolitan Magistrate, Delhi discharging the respondents No. 2 to 5 of the offences charged under Sections 495/420/376/120-B/511 IPC.

(2.) Briefly stated, facts giving rise to this petition are that the petitioner lodged FIR No. 65/95 at the Police Station Gandhi Nagar, Delhi. Investigation pursuant to the said FIR culminated into submission of the charge sheet under Sections 498-A/406/376/420/495/120-B/511 Indian Penal Code against the respondents No. 2 to 5. On submission of the charge sheet, the learned Metropolitan Magistrate launched on a process of satisfying himself that a prima facie case has been made out on the merits, and passed a detailed order refusing to take cognizance of the offences under Sections 495/420/376/120-B/511 Indian Penal Code against the respondents. Aggrieved by the said order, the petitioner moved the Additional Sessions Judge, Shahdara, Delhi by filing a revision petition which was rejected vide orders dated 6.9.1996 passed in Crl.(R) No. 5/96. Not satisfied with the dismissal of the revision, the petitioner has come up before this Court under Section 482 Cr.P.C.

(3.) Learned counsel for the respondents No. 2 to 5 has raised a preliminary objection regarding maintainability of the petition under Section 482 Cr.P.C. According to the learned counsel, the present petition is a second revision petition against the impugned order dated 11.9.1995 passed by the Metropolitan Magistrate, which is expressly barred by Section 397(3) Cr.P.C. and as such this Court cannot act as second revisional court under the garb of exercising inherent powers. Reliance is placed in Deepti Vs. Akhil Rai and others (JT 1995 (7) SC 175); Dharampal and others Vs. Smt. Ramshri and others (AIR 1993 SC 1361); Krishnan and another Vs. Krishnaveni and another (AIR 1997 SC 987), 1997 (1) Supreme (Cr.) 109.