GEETA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Subhash Gosain, learned counsel for the applicant and and Sri Rakesh Kumar Mishra, learned A.G.A. for the State.

(2.) The instant application under Sec. 482 Cr.P.C. has been filed seeking quashing of the order dtd. 9/10/2024 passed in Criminal Revision No. 02 of 2024 (Smt. Geeta Devi vs. State of U.P. and Others) as well as the order dtd. 20/12/2023 passed in Complaint Case No. 173 of 2022 (Smt. Geeta Devi vs. Sunil Kumar and Others) under Ss. 306, 504, 506, 388 I.P.C. and under Sec. 203 Cr.P.C., P.S.- Kotwali Orai, District- Jalaun.

(3.) Learned A.G.A. has raised a preliminary objection with regard to the maintainability of the instant application under Sec. 482 Cr.P.C., as the applicant had already availed the remedy of revision under Sec. 397 Cr.P.C. and the said criminal revision was rejected. Relying upon the provisions of Sec. 397(3) as well as 399(3) Cr.P.C., learned A.G.A. submits that the second revision is barred under the Code of Criminal Procedure. Thus, the Application under Sec. 482 Cr.P.C. is nothing else but a second revision, which is specifically barred in the Code of Criminal Procedure, therefore, where there is a specific statutory bar the powers under Sec. 482 Cr.P.C., cannot be exercised.