NILA BISOYI Vs. DAMAYANTI ROUT

JUDGEMENT

(1.) I have heard learned counsel for the petitioner.

(2.) The inherent jurisdiction of this Court under section 482 of the Code of Criminal procedure is sought for interference with the impugned interlocutory order passed by the Executive Magistrate in a proceeding under section 145 of the Code of Criminal Procedure refusing the prayer of the second party-petitioner Jo recall and re-examine the first party, while it is true that section 492 is not controlled and is not subjected to the bar contained in section 397(2) of the Code of Criminal Procedure, the bar provided in the latter section cannot be avoided by making an application under section 482. There is no prima fade case for interference in exercise of .the inherent jurisdiction of this Court. It would, however, appear from the impugned order that the application had been rejected without giving a reasonable opportunity to the petitioner of being heard. It would be open to the petitioner, if so advised, to make another application and if such an application is made, the learned Executive Magistrate shall pass such order as he deems reasonable and proper.

(3.) The Criminal Miscellaneous Case is accordingly disposed of. Misc. Case No. 981 of 1985. The main case has been disposed of today. The Miscellaneous case is accordingly disposed of.