AJAYA KUMAR SAMANTARAY Vs. RANJITA DAS

JUDGEMENT

(1.) THE present application under Section 482 Cr.P.C. has come to be filed by the petitioner -Ajaya Kumar Samantaray seeking to challenge an order dated 12.08.2002 passed in Criminal Revision No. 50 of 2001 by the learned Additional Sessions Judge, Khurdha confirming the order dated 12.09.2001 passed by the learned J.M.F.C., Khurdha in Criminal Misc. Case No. 138 of 1999/T.R. No. 203 of 2000. Shorn of any unnecessary details, it is suffice to note that a proceeding under Section 125 Cr.P.C. was initiated by the opposite party -wife seeking maintenance from the petitioner -husband. The said petition came to be allowed by order dated 12.09.2001 whereby the petitioner was directed to pay a sum of Rs. 500 per month as maintenance to the opposite party from the date of filing of the case i.e. 12.08.1999. That order was challenged by the petitioner in Criminal Revision No. 50 of 2001 before the court of the Additional Sessions Judge, Khurdha. The said revision came to be dismissed by order dated 12.08.2002 affirming the order passed by the learned J.M.F.C. Khurdha. It appears that both the aforesaid orders earlier challenged by the present petitioner before this Court in a proceeding under Section 482 Cr.P.C. numbered as CRLMC No. 394 of 2002 and by order dated 21.11.2002, the following order was passed:

(2.) ONCE again the petitioner after lapse of seven years, for which no explanation at all exists, has come and filed the present petition under Section 482 Cr.P.C. seeking to challenge the selfsame orders which were subject matter of challenge in the earlier CRLMC. Law on this subject is very well settled that once an earlier petition under Section 482 is dismissed, no challenge to the same is permissible once again seeking to invoke jurisdiction under Section 482 Cr.P.C. and is barred by the principles of res judicata. Apart from the above, it appears that this attempt by the petitioner is with the sole purpose of delay and does not appear to be bona fide. In view of the above, this Court is of the considered view that this is a fit case where its inherent jurisdiction under Section 482 Cr.P.C. should not be exercised in favour of the petitioner and direct dismissal of the same. The Registry is directed to communicate this order to the trial court in order to ensure that the benefit of the order passed by the learned J.M.F.C., Khurdha reached the opposite party at the earliest.