AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SUB -section (3) of Section 397 of the Code of Criminal Procedure unfolds in the following words :

(2.) THE short question that comes up for consideration is as to if when a second revision petition is not maintainable in the High Court, the inherent powers contemplated under Section 482 of the Code of Criminal Procedure can be utilized or not.

(3.) THE learned counsel appearing for the State took up the plea that the present petition invoking the inherent powers of the High Court must fail because the petitioner has already availed the remedy under the Code of Criminal Procedure by filing a revision in the Court of Sessions and in such circumstances the inherent powers of the Court need not be invoked or exercised. It hardly needs to be mentioned that the learned counsel for the petitioner on the contrary urged that there is no restriction or embargo on the powers of the High Court to act in the interest of justice and to avoid the abuse of the process of the Court. It has further been argued that in any case the orders passed by the learned Judicial Magistrate and the learned Additional Sessions Judge are devoid of any merit.