JITENDRA DESHPRABHU Vs. PRADIP KAKODKAR

JUDGEMENT

(1.) Heard Mr. D. Pangam, learned counsel appearing for the petitioner, Mr. R. Menezes, learned counsel appearing for the respondent nos. 1 to 3 and Mr. S. R. Rivankar, learned counsel appearing for the respondent nos. 4 to 10.

(2.) A short point which comes for consideration in the above writ petition without going into the merits of the rival contentions is whether the impugned judgment passed by the learned Sessions Judge, Panaji, dated 27.06.2013 dismissing the revision preferred by the petitioner on the ground that such revision petition was not maintainable is sustainable in law.

(3.) Mr. Pangam, learned counsel appearing for the petitioner during the course of the hearing of the above writ petition has brought to our notice a judgment of the Division Bench of this Court dated 21.10.2015 passed in Criminal Writ Petition No. 159 of 2014 in the case of Avinash Trimbakrao Dhondage V/s The State of Maharashtra and anr., wherein the Division Bench has taken a view that a revision would lie challenging an order passed under Section 156(3) of the Criminal Procedure Code. Taking note of the observations of the Division Bench and for the reasons recorded therein, we find that the impugned judgment dated 27.06.2013 passed by the learned Sessions Judge cannot be sustained and deserves to be quashed and set aside.