NITISH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) AN ex parte order whereby a proceeding under section 147 of the Code of criminal Procedure is made absolute by the concerned Executive Magistrate and subsequently affirmed by the Sessions Court is the subject matter of challenge in the instant criminal revision.

(2.) MR. Navanil De, the learned advocate appearing on behalf of the petitioner and Mr. Tirthankar Ghosh, the learned advocate appearing for the state are present in Court. However, in spite of repeated calls none appears on behalf of the opposite party No. 2. The affidavit of service showing that service has been duly effected upon the opposite party No. 2 is already on record. Heard both the learned counsels appearing on behalf of the petitioner as well as for the State. Perused the impugned order and other materials on record.

(3.) THIS is a second revision and in view of statutory bar contained in section 397 (3) of the Code of Criminal Procedure, entertainment of the same by the high Court for the second time at the instance of the self-same party at whose instance a criminal revision was earlier moved and disposed of finally, is not legally permissible, unless it is found the order impugned is manifestly attended with gross illegaity and brings out a situation which is completely an abuse of process of Court and ends of justice demands interference with the same.