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1976 Supreme(Del) 95

PRITAM SINGH SAFEER
SHARIFFUDDIN HAJI NOOR BAKSH – Appellant
Versus
STATE – Respondent


JUDGEMENT

1. This petition preferred under S. 482 of the Code of Criminal Procedure is directed against the order made by an Additional Sessions Judge, Delhi, on 25th of November, 1975, by which he disposed of Criminal Revision No.2 of 1975. The disposal by the Additional Sessions Judge was of a Criminal Revision petition within the purview of S. 397 of the aforesaid code. Sub-section (3) in that provision is:-

"(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."

There is a statutory bar in sub-section (3) of S. 397 of the Code of Criminal procedure against any revision petition being preferred by the same person, where a revision petition preferred by him has been disposed of either by the High Court or the Sessions Judge. The disposal of the revision petition by either of the said courts becomes final in view of S. 397 (3) of the Code,

2. The learned counsel for the petitioner has urged with great ability that there is no limitation in S. 482 of the Code prohibiting the exercise of that jurisdiction against any order which may hav





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