JAI PRAKASH NARAYAN Vs. DEVENDRA KUMAR MISHRA

JUDGEMENT

(1.) This revision has been filed by the petitioner being aggrieved of the order passed by the Revisional Court in having dismissed the revision petition which was filed against the order of JMFC, in having discharged respondents on the ground of there being no sanction under Section 197 of Cr.P.C. The relevant portion of the order reads as under:--

(2.) It is well settled now that to bring a case under Section 482, Cr.P.C. when a bar is expressly provided by Section 397(3), Cr.P.C. the case must be of a sparing nature and it should be shown that miscarriage of justice has been done as laid down by the Apex Court in the case of Kailash Verma Vs. Punjab State Civil Supplies Corporation and another, , : (2005) 2 SCC 571:--

(3.) This issue has also been discussed in the case of Krishnan and another Vs. Krishnaveni and another, , : (1997) 4 SCC 241. Some of the observations made in this regard are reproduced hereinbelow for the sake of reference:--