GOPAL CHAND BATHAM Vs. LAVKESH SHARMA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of Cr.P.C. for setting aside the order passed in M.Cr.C. No. 2980/2008 on 18.5.2012, whereby this Court has dismissed the petition filed under Section 482 of Cr.P.C. seeking issuance of process against the respondents by setting aside the order passed by JMFC, Gwalior in Case No. 0/2007 and in Cri. Case No. 382/2007 and restoring M.Cr.C. No. 2980/2008.

(2.) BRIEF facts are that the petitioner has filed a private complaint against the respondents before JMFC, Gwalior alleging that he has purchased the iron grills from Hindustan Agro Fabrication for the purpose of his house situated at Krishnapuri, Morar. One piece was put on Chhajja. Four pieces were kept on the Chhajja alongwith iron sheet and a sign board. The respondents took away the aforesaid grill, iron sheet and sign board. When petitioner asked then they started quarrelling. Respondent No. 2 threatened to kill him. A written complaint was made but no action was taken by the Police, then petitioner has preferred a private complaint. Learned Magistrate has dismissed the complaint vide order dated 16.8.2007 against which criminal revision was preferred which was also dismissed vide order dated 23.11.2007. Thereafter, the petitioner has preferred a petition under Section 482 of Cr.P.C., which has been registered as M.Cr.C. No. 2980/2008 and has been disposed of vide order dated 18.5.2012.

(3.) LEARNED counsel appearing for the respondents has submitted that this Court cannot review its own order. If the petitioner is aggrieved with the order passed by this Court, then he has to approach the superior Court. Hence prayed for dismissal of the petition.