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1996 DIGILAW 276 (RAJ)

Kedar Mal v. State of Rajasthan

1996-03-14

N.L.TIBREWAL

body1996
JUDGMENT 1. - In this petition Under section 482 Criminal Procedure Code the petitioner is challenging the order dated November 9, 1990 passed by learned Additional Sessions Judge, Neemkathana (Sikar) in Criminal Revision No. 46/89 whereby the order dated 2.11.89 of Sub-Divisional Magistrate in a proceeding under Section 145/146 Criminal Procedure Code. was maintained. 2. On behalf of non-petitioner Nos. 2 of 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 Criminal Procedure Code the petitioner is in fact 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 Rai & Ors., 1995 (5) SCC 751 and Hukmi Chand and Anr. v. State of Rajasthan, S.B.Cr. Misc. Petition No. 1022/95 . 3. On behalf of the petitioner, it is contended that in the civil suit an injunction order has been passed and the said order has to be obeyed by a criminal Court in a proceeding Under section 145 Criminal Procedure Code. It appears from the order of the Sub-Divisional Magistrate that no such argument has been made that any injunction has been issued by any Court in a civil suit with regard to same subject matter. In view of the fact that the petitioner has already exercised a right of revision, I do not find any good ground to make any interference in exercise of power under section 482 Criminal Procedure Code. However, it shall be open to the petitioner to raise an objection before the trial Magistrate that an injunction order has been passed in civil suit in regard to the same subject matter and if any such question is raised, the same shall be heard and disposed of in accordance with law. 4. The petition stands disposed of as indicated above. A copy of this order be sent to the concerned Sub-Divisional Magistrate.Petition Rejected. *******