RABI CHANDRA BEHERA Vs. SAMPURNA BEHERA

JUDGEMENT

(1.) HEARD .

(2.) BOTH the applications under Section 482, Cr.P.C. arise between the same parties relating to two proceedings under Section 145, Cr.P.C. of the Court of Executive Magistrate, Titilagarh vide Criminal Misc. Case Nos. 91 and 92 of 1981. Since common legal issue is involved in both the cases, on the request of the parties common argument is heard and both the cases are disposed of by this common judgment.

(3.) LEARNED Executive Magistrate on due appreciation of that circumstance while rejecting the application filed by the petitioner also on the application of the opposite party passed order for clubbing both the proceedings under Section 145, Cr.P.C. between the self - same parties to be disposed of by a common enquiry. Petitioner challenged that order in the revisional Court and learned Addl. Sessions Judge, Titilagarh vide the impugned judgment dated 27.4.2001 in Criminal Revision Nos. 10 and 11 of 1999 dismissed the revisions upholding the view of the Executive Magistrate. This Court finds that the approach of the learned Executive Magistrate so also learned Additional Sessions Judge are neither illegal, unjust, or improper. Therefore, the provision under Section 397(3), Cr.P.C., does not permit the petitioner to move a second revision by describing that to be an application under Section 482, Cr.P.C.