SASHIKALA Vs. MORESH EKNATH JAMBHULKAR

JUDGEMENT

(1.) THIS is an Application under Section 482 of the Code of Criminal Procedure filed by the original accused in Regular Criminal Case No. 393/93. The respondent No. 1 filed Criminal Case No. 393/93 under Sections 416, 418, 468, 471 and 476a of the Indian Penal Code before the Judicial Magistrate, First Class, Nagpur. The process was issued against the applicant on 7-10-1993. After recording evidence before the charge, the learned Judicial Magistrate, First Class, Nagpur was pleased to discharge the accused under Section 245 of the Code of Criminal Procedure. The respondent No. 1 filed Criminal Revision Case No. 500/2002 in the Court of Sessions Judge, Nagpur challenging the Order of discharge. When the Revision was filed by the respondent No. 1 herein, an application dated 30-8-2003 was filed by the present applicant objecting to the maintainability of the Revision on the ground that the Revision was not maintainable as against the order passed by the learned Magistrate discharging the accused. This objection was rejected by an order dated 12-11-2003. The applicant challenges the Order dated 12-11-2003 by filing the present application under Section 482 of the Code of Criminal Procedure.

(2.) SECTION 482 of the Code of Criminal Procedure which deals with the inherent powers of the High Court can be invoked either to prevent abuse of the process of the Court or otherwise to section secure ends of justice.

(3.) I have heard Dr. Anjan De for the applicant, Shri Mathur for respondent No. 1 and Mr. Ahirkar, A. P. P. for respondent No. 2. Dr. Anjan De for the applicant submitted that although it has been held by the Supreme Court that a Revision against the order of discharge in maintainable, the Apex Court has not considered section 300 of the Code of Criminal Procedure and more particularly explanation to section 300 which reads as under :