JUDGMENT :

Bhaskar Raj Pradhan, J

1. The Petitioner seeks to invoke the inherent powers of this Court to challenged the impugned order dated 29.08.2016 passed by the learned Sessions Judge, South Sikkim at Namchi in Criminal Revision Case No. 5 of 2016 as well as the order dated 25.10.2016 passed by the learned Chief Judicial Magistrate South Sikkim at Namchi in Private Complaint Case No.03 of 2016.

2. A preliminary issue raised by Mr. N. Rai, learned Senior Advocate for the Respondent regarding the scope of Section 482 Code of Criminal Procedure, 1973 (Cr.P.C.) must necessarily be noted before examining the merits of the case. Relying upon the judgment of the Supreme Court in re: Ganesh Narayan Hegde v. S. Bangarappa & ors., 1995 CRI L.J. 2935 he would emphasise upon paragraph 12 quoted below and submit that:

“12. While it is true that availing of the remedy of the revision to the Sessions Judge under Section 399 does not bar a person from invoking the power of the High Court under Section 482, it is equally true that the High Court should not act as a second revisional court under the garb of exercising inherent powers. While exercising its inherent powers in such a matter it must be