RAJA MOHD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition u/sec. 482 Cr. P. C. is directed against the order dated 24. 4. 2001 passed by Sessions Judge, Jaisalmer in Criminal Revision No. 13/2000 whereby the revisional court dismissed the revision petition filed by the petitioner against the order dated 18. 8. 2000 passed by Additional Chief Judicial Magistrate, Pokaran in Criminal Case No. 72/96 whereby the trial Court framed charges for offences under Sections 420, 467, 471 and 120-B IPC against the petitioner.

(2.) BRIEF facts, which are relevant for the decision of this petition are that one Anwar Khan lodged a First Information Report (F. I. R.) with Police Station, Pokaran stating therein that he is adopted son of one Najaria. It was alleged that land bearing Khasra No. 609/37 measuring 60 bighas situated in village Khelana was recorded in the name of his father and after the death of his father, the said land is recorded in his name and he is owner and is in cultivatory possession of the said land. It was alleged that one Muke Khan showing himself to be adopted son of Najaria, transferred the land in favour of the petitioner by a forged document. The crime report was investigated by the police and after investigation, police filed challan against the petitioner and co-accused Abdul Aziz and Ghewar Khan in the Court of Additional Chief Judicial Magistrate, Pokaran. Vide order dt. 18. 8. 2000 the trial Court framed charges for offences noticed above against the petitioner and other co-accused. The petitioner filed a revision petition u/s. 397 (1) Cr. P. C. before the Sessions Judge, Jaisalmer. The learned Sessions Judge dismissed the revision petition by the impugned order dated 24. 4. 2001.

(3.) IT was contended by the learned Public Prosecutor (P. P.) that the petitioner has already availed one revision u/sec. 397 (1) Cr. P. C. before the learned Sessions Judge and this being the second revision, may be under the garb of petition u/sec. 482 Cr. P. C. , is barred by the provisions of Sec. 397 (3) Cr. P. C. Section 397 (3) Cr. P. C. provides that if an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.