GANDHARBA NAIK Vs. BISU RAJ

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and the learned counsel for the opposite party.

(2.) THIS application under Section 482, Cr.P.C. is directed against the order passed by the Sub -Divisional Magistrate, Bhubaneswar in a proceeding under Section 147, Cr.P.C. as well as the order passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court No. 2, Bhubaneswar dismissing the revision filed by the petitioners.

(3.) SHRI Basu, learned counsel appearing for the petitioners raised only one ground challenging both the orders stating that the opposite party had earlier approached the Sub -Divisional Magistrate in a proceeding under Section 147, Cr.P.C. in respect of the same land and therefore repeated applications under Section 147, Cr.P.C. between the same parties for the same relief cannot be entertained. Learned counsel appearing for the opposite party, on the other hand, submitted that this being an application in the garb of a second revision the Court should not entertain the same as the second revision is not maintainable under law.