DOON CONVENT PUBLIC SCHOOL Vs. KAMLESH SHARMA

JUDGEMENT

(1.) THE short question on which this petition can be disposed of is whether the present petition is maintainable in view of the dismissal of the revision petition filed under Section 397 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') by the petitioner against the same order dated 4.7.1995 (Annexure P-4).

(2.) THE facts, giving rise to the present petition are as under :-

(3.) IN the return filed by the respondents, a preliminary objection was raised that the present petition is not maintainable as the revision petition filed by the petitioner against the order dated 4.7.1995 (Annexure P-4) was dismissed by the learned Additional Sessions Judge, Faridabad vide order dated 15.6.1996 (Annexure P-6) and under Section 397(3) of the Code, the second revision petition is not maintainable in this Court. It has been further stated that previously the petitioner School had also filed a revision petition before the Sessions Judge, Faridabad, on 16.8.1994 against the decision dated 6.7.1994 (Annexure P-2) which was dismissed by the Additional Sessions Judge, Faridabad, on 9.11.1994 vide order Annexure R-1. It has also been stated that the petitioner School is guilty of violating the Regulations of Housing Board Haryana (Allotments, Management and Sales of Tenements) Regulations, 1972.