SAU CHANDA P WADATE Vs. PREETAM G WADATE

JUDGEMENT

(1.) THE applicant had filed proceedings for maintenance under Section 125 Cr. P. C. The said proceedings were dismissed by the Judicial Magistrate, First Class, Yavatmal vide judgment dated 31-3-1993. The applicant had filed revision against the said order and the revision was also dismissed vide judgment dated 28-11-1997 by the Sessions Judge, Yavatmal. The applicant has, therefore, approached this Court under Section 482 Cr. P. C. The matter was admitted without notice to the respondent No. 1 husband. Therefore, learned Advocate for respondent No. 1 urged before me that application under Section 482 Cr. P. C. cannot be entertained in view of bar under Section 397 (3) Cr. P. C. In support of his submission, learned Advocate for respondent No. 1 placed reliance on number of rulings to which I shall refer at a little later stage.

(2.) LEARNED Advocate for the applicant urged before me that jurisdiction under Section 482, Cr. P. C. is not totally barred and that in appropriate cases, this Court can exercise jurisdiction under Section 482, Cr. P. C. inspite of there being bar under Section 397 (3), Cr. P. C. He has also placed reliance on a number of rulings in support of his submissions. I shall, therefore, now refer to the rulings upon which reliance has been placed by the learned Advocate for the parties. To start with, I shall first refer to the rulings on which reliance has been placed by the learned Advocate for respondent No. 1.

(3.) LEARNED Advocate for respondent No. 1 has relied upon Rajan Kumar Machananda v. State of Karnataka, 1990 (Supp) SCC 132 in which it has been laid down by the Apex Court that where a revision petition is dismissed by the Sessions Court, a second revision would not lie to the High Court and merely by saying that the jurisdiction of the High Court for exercise of its inherent power was being invoked the statutory bar could not have been overcome, because if that was to be permitted, every revision application facing the bar of Section 397 (3) of the Code could be labelled as one under Section 482, Cr. P. C.