RAJ BALA Vs. MAHABIR

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Criminal Procedure Code against the order of learned Sessions Judge dated 20.3.1995. The impugned order was passed by the learned Sessions Judge in a revision preferred by the petitioner before this Court against the order of Judicial Magistrate dated 29.10.1993.

(2.) THUS , the present petition in fact amounts to preferring a second revision though titled as a petition under Section 482 of the Criminal Procedure Code. Second revision is barred under the provisions of Section 397(3) of the Code and this statutory bar cannot be permitted to be circumvented by titling a petition under Section 482 of the code while in fact it is a second revision by the same petitioner. This is now settled in a recent judgement by the Supreme Court in Deepti @ Aarti Rai v. Akhil Rai and Ors, 1995(3) R.C.R.(Criminal) 638 : J.T. 1995(7) SC 175. In view of the judgement of this Court in Criminal Misc No. 11974 -M of 1995, Jagir Singh v. State of Haryana and Ors., 1996 Cri.L.J. 2018, this petition is dismissed as not maintainable. Petition dismissed.