DHRUVANATHSINGH Vs. SHIVANARESH SHARMA

JUDGEMENT

(1.) THIS purports to be a petition under Article 227 of the Constitution of India, for a writ of certiorari against the order, dated 7-12-1974, passed by Shri R. D. Shukla, First Addl. Judge to the Sessions Judge, Jabalpur, in Criminal Revision No. 42 ,of 1974, arising out of the order, dated 29-5-1974, passed in Criminal Case No. 1609 of 1973, of the Court of Shri V. G. Shriwastava, Magistrate, Ist Class, Jabalpur.

(2.) THE respondent filed a complaint against the petitioner for an alleged offence under Section 406, Indian Penal Code read with Section 80 (3) of the Madhya Pradesh Non-Trading Corporation Act, 1962, purporting to act as Secretary of the Adarsh Khadi Gram Udhyog Mandal, Jabalpur. The petitioner challenged the constitution, Management and the accounts of the Khadi Gram Udhyog Mandal, Jabalpur, as bogus and fraudulently maintained for the purpose of defrauding the Government with an ulterior motive to get the institution certified and thus to have the regular grants-in-aid from the Government in the name of that bogus institution. The petitioner applied for production of documents and records of the said Adarsh Khadi Gram Udhyog Mandal, Jabalpur, under Section 94 of the Code of Criminal Procedure, 1898, vide application, dated 24-9-1973. The trial Magistrate allowed the application by an order of the same date directing the respondent to produce the documents and records. As such, the order, dated 24-9-1973 became final.

(3.) ON 19-4-1974 the respondent filed an application for dispensing with the production of documents, which were ordered to be produced as per the order, dated 24-9-1973. According to the petitioner, this was an attempt to get the earlier order reviewed. The trial Magistrate reviewed the order, dated 24-9-1973, vide order, dated 28-5-1974. Against the said order the petitioner filed a revision in the Sessions Court, which was dismissed by the impugned order. According to the petitioner, no second revision lies against the revisional order of the Sessions Judge, vide Sub-section (3) of Section 397 of the Code of Criminal Procedure, 1973. Hence this writ petition under Article 227 of the Constitution of India for a writ of Certiorari.