High CourtsSingle Bench(2010) 07 DEL CK 0134

Sanjeev Kapur vs State (NCT of Delhi)

Delhi High Court · Decided on 26 July 2010

HON’BLE JUDGES
S.N. Dhingra, J
RESULT
Dismissed
CASE NUMBER
Criminal M.C. No. 2265 of 2010 and Criminal M.A. No. 8803 of 2010

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Judgment

5 paragraphs · 204 words

Shiv Narayan Dhingra, J.—This petition u/s 482 Cr.P.C. has been preferred by the petitioner against an order dated 2nd June, 2010 passed by learned Additional Sessions Judge in revision petition whereby the learned Additional Sessions Judge dismissed the revision petition.

2.

It is settled law that 482 Cr.P.C. cannot be resorted to as a second revision against an order of first revision court. This petition is, therefore, not maintainable on this ground alone.

3.

In this case, the petitioner was served upon a notice u/s 107/111 Cr.P.C. by Special Executive Magistrate asking him to attend the SEM''s Court and to show cause as to why he should not be ordered to execute a surety bond and a personal bond. Whenever a show cause notice is issued, a person is given opportunity to reply to show cause notice and to put up his case as to why it was not necessary to call him to SEM''s court and why it was not necessary for him to execute a bond of keeping peace.

4.

Show cause notice is a purely interlocutory order and I consider that the learned Additional Sessions Judge rightly dismissed the revision.

5.

The present petition is not maintainable and is hereby dismissed.