CHHEDILAL Vs. KAMLA

JUDGEMENT

(1.) THIS is an application Under Section 482 Cr. PC

(2.) SMT. Kamla opposite party no. 1 filed an application under S. ,488 Cr'pc 1898 and S. D. M. , Baheru by his order dated 22-1-1977 allowed the said application and directed the applicant to pay Rs, 200 per month as maintenance allowance to Smt. Kamla opposite party no. 1 with effect from 26-1-72. The applicant filed Criminal Revision No. 5 of 1977 against the aforesaid order of S. D. M. , Baheru which was allowed in part by the Additional Sessions Judge, Banda by his order, a copy of which is attached as annexure III to the affidavit and the monthly allowance granted to Smt. Kamla opposite party No. 1 was reduced to Rs. 80 per month. The applicant thereafter filed this application Under Section 482 Cr. P. C. for quashing the order of the Additional Sessions Judge, Banda passed in Criminal Revision No. 5 of 1977.

(3.) THE first question1 that requires determination is whether this application is maintainable. The applicant had filed Criminal Revision No. 5 of 1977 against the order of S. D. M. Baheru D/- 22-1-77 which was partly allowed by the Addl. Sessions Judge, Banda. An application by the applicant in revision Under Section 397 Cr. P. C. against the aforesaid order of the Additional Sessions Judge, Banda could not be entertained by this Court as Sub-section (3) of Section 397 Cr. PC states that if an application has been made Under Section 397 Cr P. C. by any person either to the High Court or to the Sessions Judge no further application by the same person shall be entertained by the other of them and according to Sub-section (3) of Section 399 Cr. PC where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other court. I am clearly of the opinion that if an application by the applicant Under Section 397 Cr. P. C. against the order of the Additional Sessions Judge, Banda could not be entertained by this Court and the order of the learned Judge had become final in relation to the applicant this Court has no jurisdiction to revise the order of the learned Judge suo motu in favour of the applicant and to the detriment of Smt, Kamla opposite party No. 1. for what cannot be done directly cannot obviously be done indirectly. To hold otherwise would amount to nullifying the provisions of Sub-section (3) of Section 397 Cr. PC and Sub-section (3) of Section 398 Cr. P. C. If the Sessions Judge passes an order Under Section 397 Cr. PC suo motu then such an order is revisable by the High Court Under Section 397 Cr. PC suo onotu or on an application made by the aggrieved person as Sub-section (3) of Section 397 Cr. P. C. and Subsection (3) of Section 399 Cr. PC will not be applicable. But where the Sessions Judge passes an order Under Section 397 Cr. PC on an application by any person this Court cannot revise that order even suo motu in favour of such person as it has become final in relation to such person.