MUKESH KUMAR Vs. M.L. KEJRIWAL

JUDGEMENT

(1.) THE preliminary objection raised to the maintainability of the present petition under Section 482 of the Code of Criminal Procedure, 1973, founded upon the recent judgment of Supreme Court in Criminal Appeal No. 604 of 1987 (Rajan Kumar Manchanda v. State of Karnatka) decided on November 23, 1987, has indeed, to be sustained. It being held there that the statutory bar under Section 397(3) of the Code of Criminal Procedure, 1973, cannot be overcome by merely saying that the jurisdiction of the High Court in the exercise of its inherent power was being invoked. In the present case, it will be seen that the present petition is founded upon the very grounds which had been taken by the petitioner in the revision petition filed before the Sessions Judge. This is thus, in effect, a second revision petition filed before the Sessions Judge. This being so, the specific bar to it as prescribed by Section 397 of the Code of Criminal Procedure, 1973 cannot be side tracked by merely branding this petition as one under Section 482 of the Code of Criminal Procedure, 1973. This petition is accordingly hereby dismissed.