BABO KHAN Vs. NANHOO

JUDGEMENT

(1.) The applicant has prayed in this petition under Sec. 482 of the Code of Criminal Procedure to quash the order dated 1.4.88 passed by Judicial Magistrate First Class, Meerut in a proceeding under Sec. 125 of Crimial P.C. the order dated 18.8.90 passed by the aforesaid Magistrate under Sec. 126 of Code of Criminal Procedure and order dated 9th Aug., 1991 passed by First Addl. Sessions Judge, Meerut in revision preferred against the order dated 18.8.90. of the Magistrate.

(2.) The facts of the case are very brief. A petition under Sec. 125 of the Code of Criminal Procedure was filed by the opposite party against the applicant. The applicant remained absent and it was decided ex-parte against him on 1.4.88. The applicant moved an application under Sec. 126 of the Code of Criminal Procedure to set aside the ex-parte order stating that he was under the impression that as a lump sum was being made to the opposite party in pursuance of order of court the case was going to be finished. Consequently he did not contest. He had u4ayed for setting aside the exparte order but the learned Magistrate after hearing this application rejected it. In the revision filed against the order of the learned Magistrate the same point were raised. The learned Judge after hearing the applicant rejected the revision and upheld the order of the learned Magistrate.

(3.) It has been urged that the applicant may be permitted to produce the evidence before the learned Magistrate in the main petition under Sec. 125 of the Code of Criminal Procedure. This court cannot, in the exercise of its inherent jurisdiction under Sec. 482 of the Code, set aside the order of the learned Sessions Judge passed in the revision petition. This will in another way amount to permit the applicant to take advantage of a second revision against the order of the First Additional Sessions Judge Meerut which is barred by the provision of Sec. 397 (3) of the Code of Criminal Procedure. In this respect observation of Supreme Court in R.K. Manchande Vs. State of Karnataka, 1989 (25) A.C.C. apge 54 maybe referred to.