CHHATRADHAR SHARMA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 5th June, 2014 whereby objection raised by the petitioner regarding maintainability of the second revision petition against the same order was rejected.

(2.) LEARNED counsel submits that the non -petitioner preferred a revision petition against the order passed by the Additional Chief Judicial Magistrate, Jaipur Metropolitan. The aforesaid revision petition was dismissed as withdrawn with liberty to file afresh. The non -petitioner then filed another revision petition, but it is not maintainable, in view of Section 397(3) Cr.P.C. The Court below dismissed the application in ignorance of the fact that the petitioner has preferred second revision petition against same order and is hit by Section 397(3) Cr.P.C. In view of above, not only impugned order be set aside but revision petition be dismissed holding it to be not maintainable. I have considered the submission made by learned counsel for petitioner and perused the record.

(3.) IN view of facts given above and discussion made by this Court, find no error in the impugned order. The second revision petition is maintainable in the facts and circumstances of the case, thus this criminal misc. petition is dismissed. However, dismissal of the petition should not construe that pending revision petition is required to be accepted, rather it should be decided appropriately after considering merit. It dismisses of the stay application also.