AI Overview...
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Second Revision Petition Not Maintainable - Under Section 397(3) of CrPC, a second revision petition by the same party is barred. The law explicitly prohibits a party from filing multiple revisions against the same order before the High Court, rendering subsequent petitions inadmissible GIRIDHARI DAS VS BASUDEV DAS - Orissa, Gyan Prakash VS Ramniwas - Rajasthan, Ayub Ali Khan VS Haseena Bano - Allahabad, HARLAL VS BETI BAI - Allahabad, Kumar vs Meenatchi - Madras.
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Limitations Imposed by Section 397(3) - This section restricts the filing of a second revision after the first has been decided. Courts have consistently held that once a revision is dismissed or barred under this section, no further revision or petition under Section 482 CrPC can be entertained to challenge the same order GIRIDHARI DAS VS BASUDEV DAS - Orissa, Gyan Prakash VS Ramniwas - Rajasthan, Ayub Ali Khan VS Haseena Bano - Allahabad.
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Inherent Powers and Section 482 - Attempts to bypass the bar via Section 482 CrPC (inherent powers) are generally not permissible when a second revision is barred by law. Orders passed in revision cannot be quashed under Section 482 if the second revision is barred, emphasizing the finality and procedural limits established by Section 397(3) Kailash Chandra Mohanty VS State of Orissa - Orissa.
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Maintainability of Multiple Petitions - Filing multiple petitions under different sections (e.g., Sections 397, 399, or 482) does not override the statutory bar. Once a remedy is barred under Section 397(3), subsequent petitions, even under Section 482, are not maintainable HARLAL VS BETI BAI - Allahabad, Kumar vs Meenatchi - Madras.
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Conclusion - The law clearly states that a second revision petition by the same party against the same order is not maintainable once barred by Section 397(3) CrPC. Parties cannot circumvent this restriction through alternative petitions under Sections 482 or other provisions, ensuring finality in criminal revision proceedings GIRIDHARI DAS VS BASUDEV DAS - Orissa, Gyan Prakash VS Ramniwas - Rajasthan, Ayub Ali Khan VS Haseena Bano - Allahabad.
References: - GIRIDHARI DAS VS BASUDEV DAS - Orissa - Gyan Prakash VS Ramniwas - Rajasthan - Ayub Ali Khan VS Haseena Bano - Allahabad - HARLAL VS BETI BAI - Allahabad - Kumar vs Meenatchi - Madras - Kailash Chandra Mohanty VS State of Orissa - Orissa
Search Results for "Second Revision Petition under Section 397 Crpc is Not Maintainable by Either Party"
1995 0 Supreme(Ori) 27 • India - Orissa
K.L.ISSRANI
CRIMINAL PROCEDURE CODE - SECTION 397(3) - REVISION PETITION - SECOND REVISION PETITION BY THE SAME PARTY - NOT MAINTAINABLE - ... Issues: Whether a second revision petition by the same party is maintainable. ....
• India - Crimes
K.L.ISSRANI
P.C. is not maintainable. ... of counter case - Application dismissed Revision also dismissed by Sessions Court Petition u/s. 482 Cr. ... Criminal Procedure Code, 1973 - Section 482 - Application before Magistrate to stay proceedings in complaint case because of pendency ... Substantially a revision petition is not....
1980 0 Supreme(Bom) 112 • India - Bombay
WAIKAR, PALSHIKAR
CRIMINAL PROCEDURE CODE - SECTION 397(3) - REVISION - INTERPRETATION - SECOND REVISION TO HIGH COURT - MAINTAINABILITY - DISTINCTION ... of Section 397(3) of the Criminal Procedure Code (CrPC), 1973. ... Whether a second revision application to the High Court is maintaina....
1994 0 Supreme(Raj) 608 • India - Rajasthan
Y.R.MEENA
CRIMINAL PROCEDURE CODE - SECTION 482 - SECTION 397(3) - INHERENT POWERS - REVISION - SECOND REVISION BARRED - PETITION UNDER ... 397(1) Cr.P.C., as Section 397(3) bars a second revision application by the same party. ... order ....
1976 0 Supreme(All) 292 • India - Allahabad
J.P.CHATURVEDI
Finding of the Court: The High Court held that the second revision was not maintainable under Section 397(3) of the ... Final Decision: The High Court dismissed the revision as it was not maintainable in view of the provisions of Section 397( ... Ayub Ali Khan filed a second #HL....
2017 0 Supreme(Ori) 451 • India - Orissa
S.K.SAHOO
the garb of petition u/s. 482, Cr.P.C. is ordinarily not maintainable - An order passed in revision cannot be quashed u/s.482, Cr.P.C ... - Bar, as contained in Sub-Section (3) of Sec. 397, Cr.P.C. cannot be circumvented by resorting to Sec.482 - A second revision in ... manner that the effect would....
1996 0 Supreme(Guj) 424 • India - Gujarat
M.R.CALLA
Merely because it did not come in Revision before this court and preferred a revision petition before the Sessions Court, which too ... was maintainable under Sec. 397 of the CrPC, it can not be said that if the revisions have been wrongly held to be not maintainable ... revision b....
1996 0 Supreme(All) 199 • India - Allahabad
G.P.MATHUR
C. was not maintainable as the applicant had already availed the remedy of revision before the Sessions Judge under Section 399 Cr ... C. was not maintainable as the applicant had already availed the remedy of revision before the Sessions Judge under Section 399 Cr ... Issues: Whether a petition un....
2025 Supreme(Online)(Mad) 67946 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
- Once a revision has been barred by Section 397(3) of Cr.P.C., a party cannot invoke the extraordinary jurisdiction of the High ... ... ... Issues: Whether the petition under Section 482 is maintainable when a revision has been previously barred? ... Cr.P.C. was not maintainable....
1995 0 Supreme(AP) 128 • India - Andhra Pradesh
MOTILAL B.NAIK
of CrPC which enables a party to move either the Sessions Court or the High Court ... does not prohibit a party from filing any number of maintenance petitions seeking maintenance so long as the granting of amount ... at Rs75 and Rs50 PM respectively enhanced later to Rs100 and Rs75 PM later - Subsequent order of Magistrate in a second application ... The Cri....
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