KEDAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this petition Under Section 482 Cr.P.C. the petitioner is challenging the order dated November 9, 1990 passed by learned Additional Sessions Judge, Neemkathana (Sikar) in Criminal Revision No. 46/89 where by the order dated 2.11.89 of Sub -Divisional Magistrate in a proceeding under Section 145/146 Cr.P.C. was maintained.

(2.) ON behalf of non -petitioner Nos. 2 to 4 a preliminary objection has been raised that the petitioner has already exercised a right of revision, which was available to him and in view, of the bar under Sub -section (3) of Sections 397 and 399 of Code of Criminal Procedure a second revision is not maintainable and in this petition Under Section 482 Cr.P.C. the petitioner is infact challenging the order of revisional Court which is not permissible. In support of his argument reliance has been placed on Deepti alias Arati Rai v. Akhil Red and Ors. : (1995)5SCC751 and Hukmi Chand and Anr. v. State of Rajasthan S.B. Cr. Misc. Petition No. 1022/95.

(3.) THE petition stands disposed of as indicated above. A copy of this order be sent to the concerned Sub -Divisional Magistrate.