2023 (6) TMI 1364

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....ith PRC Case No. 661/2020. 3. The case of the petitioner is that the respondent as complainant lodged an FIR at Silchar Police Station, alleging that on 06.03.2019, at about 11:45 pm, the accused petitioner took one truck which was loaded with stones by entering into Ward No. 24 of Silchar town. When the complainant/respondent being a Commissioner of the said Ward protested and asked him not to enter in the ward with the loaded vehicle as there was possibility of damaging public property, the said accused petitioner started using filthy language towards the complainant/respondent. On receipt of the complaint, a case was registered vide Silchar PS Case No. 752 of 2019, under Sections 341/294/431 IPC, read with Section 3 of Prevention of Dam....

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..... Against framing of charge, the petitioner has preferred the second revision before the Court of Sessions, challenging the order of framing of charge, which was dismissed by the learned Additional Sessions Judge (FTC) Cachar, Silchar. 6. The petitioner has submitted that the learned JMFC has rightly discharged him from the alleged offences as no prima facie case was made out against him. Subsequently, the learned Additional Sessions Judge (FTC), Cachar, Silchar, has wrongly passed the order with a direction to the Magistrate to frame charge against him. The learned Magistrate then framed charge against the petitioner on 08.08.2022 without any materials of the alleged offence, which is illegal and unjust in the eye of law. 7. In support o....

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....bail or on his own bond pending the examination of the record. Explanation.-All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. " Section 482 CrPC reads as under:- "482. Saving of inherent powers....

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....ordinary cases. The bar as contained in Sub-Section (3) of Section 397 CrPC cannot be circumvented by resorting to Section 482 CrPC. A second revision under the grab of a quash petition under Section 482 CrPC is not maintainable. 12. At this juncture, it is appropriate to consider the following decisions of the Hon'ble Apex Court:- (a) Deepti alias Arati Rai v. Akhil Rai & Ors, (1995) 5 SCC 751: "4. ... It should have also applied its mind to the aspect that second revision application, after dismissal of the first one by sessions court is not maintainable and that inherent power under Section 482 of the Code cannot be utilized for exercising powers which are expressly barred by the Code. As we find that the order passed by the High C....

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.... Court held as follows:- "In Krishnan v. Krishnaveni (1997 (4) SCC 241 : 1997 SCC (Cri) 544), this Court explained the scope and power of the High Court under Section 482 of the Code. The question before the Court was if in view of the bar of second revision under sub-section (3) of Section 397 of the Code was prohibited, whether inherent power of the High Court is still available under Section 482 of the Code. Ordinarily, when revision has been barred by Section 397(3) of the Code, a person - accused/complainant - cannot be allowed to take recourse to the revision to the High Court under Section 397(1) or under inherent powers of the High Court under Section 482 of the Code since it may amount to circumvention of the provisions of Secti....