S. Navshath Mohammed vs Rani Kathija

T. Sudanthiram, J.—This petition has been filed for setting aside the order passed in Crl.R.C. No. 53 of 2010 dated 09.12.2011 passing the

order by the Additional Sessions Judge, Fast Track Court IV, Thirupur, and confirming the order of Judicial Magistrate-II, Thirupur, in M.C. No.

14 of 2008 dated 16.04.2010 and its consequential warrant notice issued by the learned Judicial Magistrate II, Thirupur in CMP. No. 4447 of

2011 in M.C. No. 14 of 2008.

The Petitioner herein had already preferred a revision petition before the learned Additional Sessions Judge (Fast Track Court -II), Thirupur.

Now the Petitioner has filed this petition u/s 482 Code of Criminal Procedure

This Court heard the learned Counsel for the Petitioner and perused the records.

The Petitioner had already exhausted his remedy by filing the revision petition before the Additional Sessions Court, Tiruppur. Section 397(3) of

Code of Criminal Procedure is as follows:

If an application under this Section has been made by any person either to the High Court or to the Sessions Judge, no further application by the

same person shall be entertained by the other of them.

The bar u/s 397(3) Code of Criminal Procedure can not be circumvented by invoking inherent jurisdiction of this Court u/s 482 Code of Criminal

Procedure

This Court does not find any illegality in the order passed by the learned Sessions Judge and there is no miscarriage of justice and as such, the

Petitioner cannot seek for interference of this Court invoking the inherent power u/s 482 Code of Criminal Procedure This petition u/s 482 Code

of Criminal Procedure only amounts to second revision petition. Therefore, this petition u/s 482 Code of Criminal Procedure is not maintainable.

This Criminal original petition is dismissed as not maintainable. Consequently connected MP. Nos. 1,2 and 3 of 2011 are closed.