HARISH KUMAR Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the order dated 27.07.2013, passed by Judicial Magistrate, Rudrapur, District Udham Singh Nagar, in misc. case no. 139 / 13, Harish Kumar vs Sate of Uttarakhand & others, as also the order dated 17.11.2014, passed by learned III Addl. Sessions Judge, Rudrapur in criminal revision no. 268 / 13, Harish Kumar vs State and others.

(2.) Applicant is the complainant in the instant case. He set the criminal law into motion by filing an application under Section 156(3) Cr.P.C. before the Magistrate concerned. Learned Magistrate dismissed such application. Aggrieved against the same, complainant preferred a criminal revision, which was dismissed by learned Sessions Judge, Udham Singh Nagar. Still aggrieved against the same, present application under Section 482 Cr.P.c. has been filed by the applicant.

(3.) At the very outset, learned counsel for the applicant drew attention of this Court towards a judgment rendered by Hon'ble Supreme Court in Krishnan and another vs Krishnaveni and another, 1997 4 SCC 241, as regards the maintainability of the present application under Section 482 Cr.P.C., to show that although second revision before the High Court after dismissal of first one by the court of Sessions is barred under Section 397(3) Cr.P.C., however, inherent power of the High Court is still available under Section 482 Cr.P.C., but such inherent power must be exercised sparingly so as to avoid needless multiplicity of procedure, unnecessary delay in trial and protraction of proceedings.