AJAY KUMAR RANA Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN these writ applications, common question of law and facts arise and as such, they are being decided by this common order.

(2.) PETITIONERS filed revision applications under Section 399 read with Section 397 of the Code of Criminal Procedure (hereinafter referred to as the Code, aggrieved by the orders passed by the learned Magistrate. All the revision applications have been dismissed and aggrieved by the same, present writ applications have been filed.

(3.) SECTION 397 of the Code confers power on the High Court and the Sessions Judge to call for and examine the record of any proceeding before any inferior criminal Court for satisfying itself as to the correctness, legality or propriety of any finding, sentence or order. SECTION 399 of the Code confers power of revision to the Sessions Judge and contemplates that he can exercise all or any of the powers which may be exercised by the High Court under revision. SECTION 397(3) of the Code further provides that, in case, an application under the said section, has been filed by any person to the Sessions Judge, no further application by the same person shall be entertained. SECTION 482 of the Code saves the inherent powers of this Court and in specific terms, it provides that nothing in the Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. Thus, a very wide and extra ordinary power is possessed by this Court under SECTION 482 of the Code to make such orders as may be necessary to give effect to any order under the Code or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. In the face of the aforesaid provision, I am of the opinion that the rider put under SECTION 397(3) of the Code prohibiting the remedy of revision at the instance of the same person, who has filed revision application for exercising jurisdiction under SECTION 482 of the Code, in case where making of an order may be necessary to give effect to any order under the Code or to prevent abuse of the process of any Court or to secure the ends of justice, does not apply.