Supreme CourtDivision Bench(1995) 01 SC CK 0129

Jitender Kumar Jain vs State of Delhi and Others

Supreme Court Of India · Decided on 23 January 1995 · Citation: (1998) 8 SCC 770

HON’BLE JUDGES
M. M. Punchhi, J · K. Jayachandra Reddy, J
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. ... of 1995 Arising out of SLP (Criminal) No. 3768 of 1994

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Judgment

2 paragraphs · 231 words
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The appellant had moved the High Court of Delhi in a petition u/s 482 of the CrPC invoking its inherent jurisdiction. The High Court assumed the petition to be as if one u/s 397(2) [sic 397(3)] of the CrPC, which according to it did not lie since the revision petition preferred by the appellant had been dismissed by the Court of Session. We are of the view that the High Court failed to distinguish its separate powers u/s 397 of the CrPC as also u/s 482 of the said Code. It is true that a second revision petition does not lie before the High Court when one is dismissed by the Court of Session. Still the Court of Session is a court subordinate to the High Court and, as such, its proceedings are open to scrutiny by the High Court in exercise of its inherent power u/s 482 of the CrPC. The High Court in these circumstances, should not have dismissed the petition of the appellant on the premise as it has done. It is otherwise open to the High Court not to interfere in a matter when examining a case u/s 482 of the CrPC. In this view of the matter, we set aside the impugned order of the High Court and remit the matter back to the High Court for reconsideration. It is ordered accordingly.