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Tag: CrPC 397(3) – Second Revision is Not Permissible

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023

Posted on June 8 by ShadesOfKnife

A single judge of Jammu and Kashmir and Ladakh High Court held as follows,

From Paras 12-14, (On the point that second revision can not be filed in guise of Quash petition)

12. Though, Hon’ble Supreme Court in the case of Rajan Kumar Machananda v. State of Karnataka (supra) relied upon by the learned counsel for the respondents has held that a subsequent Revision Petition cannot be filed under the garb of Section 482 of the Code, however, in view of the law laid down by the Hon’ble Apex Court in a later case titled ‘Dhariwal Tobacco Products Ltd. v. State of Maharashtra‟, reported as ‘(2009) 2 SCC 370’, while considering the question as to whether an application filed under Section 482 of the Code can be dismissed only because the Revision Petition has been dismissed by the Sessions Court, observed that even in cases where a second revision before the High Court after dismissal of the first one by the Court of Sessions is barred under Section 397(2) of the Code, the inherent power of the Court has been held to be available. While relying upon an earlier decision rendered in case titled ‘Surya Dev Rai v. Ram Chander Rai‟, reported as ‘(2003) 6 SCC 675’, the Hon’ble Apex Court further observed that the inherent power of the High Court is not barred by the Statute, but has merely been saved thereunder and it was difficult to concede that the jurisdiction of the High Court would be held to be barred only because the revisional jurisdiction could also be availed of. The same view was taken by the Hon’ble Supreme Court in the case of ‘Shakuntala Devi & Ors. v. Chamru Mahto & Anr.’, reported as ‘(2009) 3 SCC 310‟.
13. This Court had also taken a view in a case titled ‘Mushtaq Ahmad Mir &Ors. v. Mst. Khatija’, rendered in CRMC No. 197/2013, decided on 27th of June, 2022, that the jurisdiction of the High Court under Section 482 of the Code , is of wide amplitude and it cannot be excluded by the provisions of revision contained under Section 397 (3) of the Code and that merely because the Revision Petition, in the instant case, has been rejected by the learned Revisional Court, the High Court is not debarred from entertaining a Petition under Section 482 of the Code against the impugned Order passed by the learned Magistrate, if it finds that there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned trial Magistrate and that it would all depend upon the facts and circumstances of the case.
14. In view of above, though, the impugned Order passed by the learned Judicial Magistrate had been assailed in a Revision Petition filed before the Sessions Court at Pulwama, however, this Court is not debarred from entertaining an application under Section 482 of the Code invoking the inherent jurisdiction for the limited purpose of looking at it as to whether there has been miscarriage of justice or that the ends of justice would be secured by interfering in the Order passed by the learned Magistrate. The objection raised by learned counsel for the respondents is thus turned down. It is, thus, held, for the aforesaid reasons, that the Petition filed under Section 482 of the Code is maintainable and cannot be said to be a subsequent Revision Petition.

From Para 15, (On overlapping jurisdiction)

15. Coming to the merits of the case, the impugned Orders have been challenged by the Petitioner, mainly, on the reasons that the learned Magistrate has not followed the law laid down by the Hon’ble Apex Court in case titled Rajnesh v. Neha (supra), whereby certain mandatory guidelines have been laid for the guidance of the Courts while exercising the overlapping jurisdiction for grant of maintenance and to avoid conflicting orders being passed in different proceedings. On the issue of overlapping jurisdiction, the Hon’ble Apex Court has held that successive claims for maintenance under different statutes are maintainable and the Court, while determining whether any further amount is to be awarded in the subsequent proceedings, has made it obligatory on the part of the applicant to disclose the previous proceedings and the order passed therein, in the subsequent proceedings and, if the order passed in such previous proceedings requires any variation or modification, it would be required to be done in the same proceedings.

From Para 19, (No evidence to be considered during Interim proceedings)

19. It is worthwhile to mention here that, at the time of granting of the interim maintenance, evidence is not available before the Court and the Court has to apply mind keeping in view the facts and circumstances of the case in order to fix the quantum of maintenance.

From Para 25,

25. In so far as the directions passed by the Hon’ble Apex Court in Rajnesh v. Neha case (supra), it appears that both the Courts below have considered the case in the light of the directions passed by the Apex Court when successive claims for maintenance were made under overlapping jurisdiction of Section 125 of the Code and the D. V. Act. As regards the contention raised by the learned Counsel for the Petitioner that the directions contained in Paragraph No. 128 (3) that, if the order passed in previous proceeding(s) requires any modification or variation, it would be required to be done in the same proceedings. It appears that this direction has been misunderstood as the order impugned passed by the Magistrate under any of the jurisdictions can be modified or varied by the same Court and not by any other Court. The only aspect of the case required to be addressed by the subsequent Court is that the maintenance granted earlier has to be kept in view to assess for further payment of maintenance, if any required for the sustenance of the destitute woman or children.

Bilal Ahmad Ganaie Vs Sweety Rashid and Ors on 11 May 2023
Posted in High Court of Jammu & Kashmir & Ladakh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Bilal Ahmad Ganaie Vs Sweety Rashid and Ors Catena of Landmark Judgments Referred/Cited to CrPC 397(3) - Second Revision is Not Permissible CrPC 401 - High Court's Powers of revision CrPC 482 - Saving of inherent powers of High Court Dhariwal Tobaco Products Ltd and Ors Vs State of Maharastra and Anr | Leave a comment

Inderjeet Kaur Kalsi Vs NCT of Delhi and Anr on 27 Nov 2013

Posted on July 9, 2024 by ShadesOfKnife

A single judge of Delhi High Court held as follows,

From Paras 21.1 and 21.2,

21. Findings
21.1 At the outset, this Court is of the view that having availed the remedy of revision before the Sessions Court under Section 397 Cr.P.C., the petitioner cannot be allowed to re-agitate the same point before this Court in a petition under Section 482 Cr.P.C. as it would amount to a second revision which is specifically barred by Section 397(3) Cr.P.C. This petition amounts to a second revision petition in the garb of Section 482 Cr.P.C.
21.2 Although the power of this Court under Section 482 Cr.P.C. is very wide, it has to be used sparingly and cautiously to prevent the abuse of process of any Court or otherwise to secure the ends of justice. The petitioner has also not been able to make out any case of abuse of process of Court or otherwise to secure the ends of justice. This Court is, therefore, not inclined to exercise jurisdiction under Section 482 Cr.P.C.

Inderjeet Kaur Kalsi Vs NCT of Delhi and Anr on 27 Nov 2013
Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 311 - Power to summon material witness or examine person present CrPC 397(3) - Second Revision is Not Permissible CrPC 482 - Saving of inherent powers of High Court Inderjeet Kaur Kalsi Vs NCT of Delhi and Anr Reportable Judgement or Order | Leave a comment

CrPC 397 – Calling for records to exercise powers of revision

Posted on December 13, 2020 by ShadesOfKnife

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself; to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on 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.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 397 - Calling for records to exercise powers of revision CrPC 397(1) - Stay on Lower Court Proceedings in Revision CrPC 397(2) - Revision Not Exercised in Any Interlocutory Order CrPC 397(3) - Second Revision is Not Permissible | Leave a comment

Anil Kumar and Ors. Vs Moti Ram and Ors. on 20 November, 1992

Posted on March 31, 2019 by ShadesOfKnife

Hon’ble Delhi High Court held that Second revision is barred under 397(3) CrPC.

From Para 16,

The bare reading of Sub-Section 3 would how that it does not curtail the remedy but only bars or abrogate the remedy. It curtails the remedy second time. The power of the High Court and the Court of Sessions, so far as revision is concerned, are concurrent. The revisionist has choice to File revision directly in the High Court or in the Sessions Court. Having availed the remedy by filing revision before the Sessions Judge he cannot be permitted to avail second chance, the bar of Sub Section (3) will come in his way. V.R. Krishna lyer, J. in the case of Raj Kapoor Vs. State (Delhi Administration) observed that “In our constitutional order, fragrant with social,justice broader consideration of final relief must govern the juridical process save where legislature interdict plainly forbids that, course”. (underlining is mine). In Raj Kapoor’s case though Supreme Court was not cat tea upon to deal with Sub-Section (3), it was only dealing with the inherent power of the High Court under Section 482, particularly where the petitioner instead of invoking the revisional power under Section 39 invoked the inherent power of the High Court under Section 482, particularly where the petitioner instead of invoking the revisional power under Section 39 invoked the inherent power of the High Court. It was in this background the above observations were made which will show that the Court was not unmindful of the fact that whenever legislature interdict plainly or statute bar the availing of remedy in that case, the High Court cannot resort to its inherent powers under Section 482 Cr. P.C. to circumvent the prohibition laid down in the Code.

Anil Kumar and Ors. Vs Moti Ram and Ors. on 20 November, 1992

 

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Anil Kumar and Ors. Vs Moti Ram and Ors. CrPC 397(3) - Second Revision is Not Permissible Not Authentic copy hence to be replaced | Leave a comment

Dinakar Vs Krishnamurthy on 12 November, 2009

Posted on July 15, 2018 by ShadesOfKnife

This case involves a retired DGP of Karnataka state regarding a murder of one Murugan who along with 2 others broke into DGP’s house on a fateful date. The petitioner Dinakar, on behalf of the said Muragun, has tried to file a case, but in vain. Hence he approached the Home Minister of Karnataka and NHRC ar Delhi. On this the DGP was aggrieved and filed a defamation case on Dinkar. Dinakar filed many applications at various fora praying that the defamation case be dismissed and in this regard he challenged the jurisdiction and power of taking cognizance of case by Chief Metropolitan Magistrate, which was brought before Hon’ble High Court of Karnataka in the instant case.

 

There were interesting arguments and counter-arguments supported by judgments of various High Courts and their Division Benches and also Hon’ble Apex Court. Read on.

 

Dinakar Vs Krishnamurthy on 12 November, 2009
Posted in High Court of Karnataka Judgment or Order or Notification | Tagged CrPC 16(3) - The Jurisdiction and Powers of Every Metropolitan Magistrate Shall Extend Throughout the Metropolitan Area CrPC 19(3) - The Chief Metropolitan Magistrate may make rules or give special orders consistent with this Code CrPC 397(3) - Second Revision is Not Permissible Dinakar Vs Krishnamurthy | Leave a comment

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