RAJANI GOSWAMI Vs. ANIL CHANDRA HALOI

JUDGEMENT

(1.) BY this criminal petition under Section 482 read with Section 483 and Section 401 of the Code of Crminal Procedure, 1973 (for short Crpc), the petitioner is challenging the order of the learned Sessions Judge, Tinsukia dated 27. 11. 2008 passed in Criminal Revision No. 25 (2) of 2008, dismissing the revision petition filed by the petitioner and upholding the order of the learned Executive Magistrate, Margherita dated 16. 05. 2008 in Case No. 56 of 2007.

(2.) MR. P. Bora, learned counsel appearing for the opposite party-respondent, at the outset, contended that the present criminal petition being the second revision petition, filed by the petitioner against the judgment of the learned Sessions Judge, i. e. impugned judgment dated 27. 11. 2008, upholding the order of the learned Executive Magistrate, Margherita dated 16. 05. 2008, is liable to be rejected at the threshold inasmuch as under Section 397 (3) of the Crpc the present petitioner, who had already filed a revision petition against the order of the learned Executive Magistrate dated 16. 05. 2008 before the learned Sessions Judge and the learned Sessions Judge also upheld the said order of the learned Executive Magistrate by the impugned order, cannot file the second revision petition before this Court.

(3.) HEARD Mr. P. Kakati, learned counsel appearing for the petitioner as well as Mr. P. Bora, learned counsel appearing for the opposite party-respondent.