JAI DEV SINGH Vs. BALDEV SINGH AND OTHERS

JUDGEMENT

(1.) This criminal revision has been filed by the petitioner against the order dated 04.12.2008 passed by the Principal Sessions Judge, Kathua by virtue of which the revision petition of the petitioner filed against the order of learned Judicial Magistrate, 1st Class, Hiranagar, was dismissed.

(2.) This petition on the face of it is not maintainable, as there is no provision in the Code of Criminal Procedure which envisages or provides for filing of a second revision petition. In fact, in terms of Sub-Section (3) of Sec. 435 Cr. P. C. there is a clear bar to the entertainment of a second application by either the High Court or the Court of Sessions. For ready reference, the aforesaid provision of law is quoted hereunder:

(3.) Otherwise also, the revisional jurisdiction of the High Court and the Court of Sessions being concurrent, the second revision against the order of the Sessions Court would not lie. This petition is, accordingly, dismissed as not maintainable.