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S.TALAPATRA
Rikta Pal Sarkar W/o Late Sankar Prasad Sarkar @ Sankar Sarkar – Appellant
Versus
Milan Pal S/o Late Suresh Chandra Pal – Respondent
1. Heard Mr. D. Bhattacharji, learned counsel appearing for the petitioner as well as Mr. P.K. Biswas, learned senior counsel, assisted by P. Majumder, learned counsel for the respondent.
2. This petition has been filed under Section 397 read with Section 401 of Code of Criminal Procedure [the Cr.P.C. in short] challenging the order dated 20.03.2017 passed in Criminal Revision 13 of 2016 by the Sessions Judge, South Tripura, Belonia affirming the order dated 20.07.2016 passed in NI 11 of 2016 by the Chief Judicial Magistrate, South Tripura, Belonia.
3. The preliminary objection raised by Mr. Biswas, learned senior counsel is that this is the second revision petition and that cannot be maintained in terms of sub-section 3 of Section 397 of the Cr.P.C. which provides that if an application under section 397(1) of the Cr.P.C. is preferred and decided either in the High Court or in the Sessions Court, no further application by the same person shall be entertained by either of the Courts as stated. Mr. Biswas, learned senior counsel is no doubt correct when he has contended that in view of the said restriction, no application under Section 397 read with Section 401 can
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