CAPT SALVINO MANUEL REBELLO Vs. NARENDRA L CHAWLA

JUDGEMENT

(1.) THIS is an application wherein the Applicant who appears in person has made several prayers. The main prayer is in the nature of review of the order passed by the learned Single Judge of this Court (Coram : Vaidyanatha J.) who has now retired. There is also a prayer to the effect that the liberty granted to the Applicant for moving the Division Bench of this Court for contempt and the order dated 28.2.1996 be clarified or set aside. This Misc. Application is filed in the aforesaid Writ Petition as also in Cri. Application No.3049 of 1995, which are already disposed of.

(2.) THE order of the learned Single Judge on record is clear and there is absolutely no ambiguity. There is also no error apparent on the fase of record. The learned Judge has held that the present Applicant had preferred Revision Application against the order of the learned Magistrate dated 18.7.1994 to the Sessions Court under section 397 of the Cr.P.C. The same had been dismissed by the learned Sessions Judge after writing a detailed order touching all the points and the learned Sessions Judge came to the conclusion that no case is made out and consequently the revision application came to be dismissed.

(3.) IT is pertinent to point out that in the aforesaid writ petition, there was prayer clause (b) which was to the effect that Respondents Nos.1, 2 & 3 be held to have obstructed the due course of administration of justice by their several acts of commission or omission and they be dealt with under the law enjoined, which in fact was under the Contempt of Courts Act or otherwise under the provisions of the Code of Criminal Procedure, 1973. It is further pertinent to note that admittedly the said prayer clause (b) had been deleted by the Petitioner (present Applicant) with the permission of the Court, when he was given to understand that he was at liberty to move the Division Bench for the said relief. Thereafter till this date, the Applicant does not appear to have moved the Division Bench.