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1995 DIGILAW 664 (RAJ)

Munni Lal v. State of Rajasthan

1995-07-26

ARUN MADAN

body1995
Honble MADAN, J. – I have heard the learned counsel for the parties. I am informed that investigation of this case has already been completed and the Final Report has been drawn up by the police and the cognizance has been taken in the matter. The impugned order which has been passed against which the petitioner has come in appeal is perfectly valid and in accordance with law. I am informed that the petitioner had already availed the remedy of revision, against the order dated 23rd February, 1983 passed in Cr.Case No. 95/81 , and having already availed the said remedy it is not open to the petitioner to have moved again to this Court under Section 482 Cr.P.C. I am fortified in my opinion from the judgment of the Apex Court in the matter of Maninder Kaur vs. Rajendra Singh & Ors. (1) and also by the another judgment of the Apex Court in the matter of Dharampal & Ors. vs. Rameshwar (2). I am further fortified in my opinion from the judgment of the Apex Court in the matter of Ganesh Narain Hedge vs. S.Bangarappa & Ors., (3). (2). The very object of the aforesaid 3 judgments is to the effect that the High Court should not act as a second revisional court in the garb of exercising inherent powers and that the High Court should interfere only where it is satis- fied that if the complaint is allowed to be proceeded with it would amount to abuse of the process of the Court or that in the interest of justice otherwise calls for quashing of the charge-sheet. The ratio of the aforesaid judgments of the Apex Court is that once the party has already availed the remedy of revision under Section 397(3) Cr.P.C. before the learned Sessions Judge, he cannot avail subsequent remedy of revision again before this Court by having resort to the inherent powers under Section 482 Cr.P.C. Since the matter already stands concluded, in view of the aforesaid judgments of the Apex Court it will not be proper for this Court to interfere in this matter and this is not one of those cases which calls for exercise of inherent powers of this Court under Section 482 Cr.P.C. I am further of the considered opinion that the ratio of the aforesaid judgments of the Apex Court is duly attracted to the facts of the present case. (3). The Cr. Misc. petition having no merit is consequently rejected.