R K SELVARAJAN CHETTIAR Vs. S MURUGAVEL

JUDGEMENT

(1.) This petition has been filed against the orders of the Additional Sessions Judge, Pondicherry, passed in Crl.R.P.No.1 of 2001, dismissing the revision, filed against the orders passed in Crl.M.P.No.1803 of 2001 in C.C.No.338 of 2000, on the file of the Judicial Magistrate-I, Pondicherry, who had dismissed the application for discharge filed by the petitioner herein, against the prosecution of offences under Section 211, 500 and 506(2) IPC.

(2.) Since the original petition itself, filed by the petitioner, was against the cognizance taken by the Magistrate in relation to the private complaint filed by the respondent herein and the same having been dismissed, against which a revision was filed before the Court of Sessions, which had also confirmed the orders of the learned Magistrate, this Court could have easily disposed of the matter by stating that in terms of 399(3) a petition in the nature of a second revision is not maintainable, as two courts have already gone into the preliminary objection taken by the petitioner and dismissed those applications. However, it is seen that in order to get away from the bar under Section 399(3) IPC, this petition has been filed under Section 482 Cr.P.C, which amply establishes the fact that what cannot be directly done is sought to be indirectly done by invoking Section 482 Cr.P.C.

(3.) Nevertheless, since the counsel persisted in his argument stating that the Magistrate had taken cognizance on the private complaint, which is in flagrant violation of laws and this is one of the exceptional cases, where the inherent powers of the High Court has to be invoked to rectify such mistakes, I consider it necessary to go into the facts of the case.