PREM MITTAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned Counsel for the parties and perused the material available on the record of the lower Court.

(2.) DR . Prem Chand Mittal, the petitioner was married with Smt. Saroj Garg respondent No. 1 on December 12,1990 at Alwar according to rites and tenets of Hindu religion. Both were residents of Alwar and comfortably settled in life also; the petitioner as a Medical Officer in the Medical and Health Department and the respondent as Lecturer in College Education Department of the State of Rajasthan. On 5.12.1991 the couple was blessed with a daughter -Akshita.

(3.) AT the very out -set Mr. N.A. Naqvi, the learned Counsel for respondent No. . 2 raised a preliminary objection to the effect that since one validity and legality of the order of the learned Magistrate has already been examined by the learned Addl. Sessions Judge in exercise of the concurrent powers under Section 397, Cr. P.C. this petition under Section 482, Cr. P.C, which is the revision of the same order of the learned Magistrate once again and thus, in fact, a second revision petition in the garb of an application under Section 482, Cr. P.C, was not maintainable in view of the bar contained in Section 397(3), Cr. P.C.