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1979 Supreme(Gau) 10

K.N.SAIKIA, BAHARUL ISLAM
MD. ATAUR RAHMAN – Appellant
Versus
NITYANANDA DAS – Respondent


JUDGEMENT

Baharul Islam, J.:- These two revisions involve the interpretation of sub-art. (5) of Art. 227 of the Constitution of India and this common judgment of ours will dispose of both of them.

2. Criminal Revision No. 191/75 arises out of a proceeding under Section 145 of the Cr. P.C., 1973 (hereinafter 'the Cr P. C.') in which possession was declared in favour of the opposite parties. The petitioner then filed an application in revision before the Sessions Judge under Section 397 (1) of Cr. P. C. The application was rejected. The petitioner then filed this application before this Court. It came up for hearing before one of us (Islam J.) sitting singly. When the petitioner was confronted with sub-sec (3) of Sec-397 of the Cr. P. C. which bars a second application in revision by the same person, counsel for the petitioner submitted that he has filed the application also under Art. 227 of the Constitution, and that the case required interpretation of sub-art. (5) of Art. 227 of the Constitution. Whereupon the petition was referred to a Division Bench.

3. Criminal Revision No. 170/78 arises out of a proceeding under S. 133 of the Cr. P. C. in which an order was passed against the pet






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