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1995 Supreme(Raj) 577

B.R.ARORA, D.C.DALELA
Neeraj Kumar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mridul Jain, for Petitioners U., C.S. Singhvi, Public Prosecutor R.K. Singhal, for Complainant.

Honble ARORA, J. — The learned Single Judge of this Court has referred the following question of law for adjudication by the Larger Bench: —

"Whether the view taken by this Court in Dharampals case is to be followed or the view taken by this Court in Rajus case be followed."

(2). The view taken by the Single Bench of this Court in Dharampals case is that "in view of the statutory bar of filing second revision laid down by the Code of Criminal Procedure under Section 397(3) Cr.P.C, the party cannot be allowed to take recourse of Section 482 Cr.P.C. and thereby circumvent the provisions of Section 397(3) Cr.P.C. particularly when none of the conditions required for the exercise of inherent powers is present." While in Rajus case, another Single Bench of this Court has taken the view as under: —

"It appears that this three Judges Bench decision was not brought to the notice of Their Lordships, who decided Rajan Kumars case. Hence inspite of Rajan Kumars case, I am bound to follow the principle enunciated in Madhu Limayes case, which is a decision of the Larger Bench of the Apex Court and following the same, I hold that even though a second revision by the petitioners was not competent be



















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