Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code Ss. 406 and 428/Code of Criminu! Procedure 1860 1973 Ss. 397(1) and (3) and 482: Second Revision Petition-Maintainability of-Held: Since revision is prohibited under Section 397(3) of the Code the complainant could not be allowed to take recourse to revision before High Court under Section 397(1) of the Code. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860; Ss. 406 and 428/Code of Criminal Procedure, 1973; Ss. 397(1) and (3) and 482: Second Revision Petition-Maintainability of-Held: Since revision is prohibited under Section 397(3) of the Code, the complainant could not be allowed to take recourse to revision before High Court under Section 397(1) of the Code-However, High Court could entertain such petition under Section 482 of the Code to prevent miscarriage of justice/abuse of the process of the Court-Since no such grounds exist, High Court was not justified in exercising its inherent powers in entertaining second revision petition. Appellant and another person were partners in a firm, a rice mill. There was an agreement between the firm and the respondent-Corporation for dehusking paddy. The Corporation complained that several tons of paddy/rice was outstanding against the firm in breach of the contract. A case was registered against the firm. The appellant filed a petition for discharge on the ground that he was a sleeping partner in the firm. He was discharged by the Trial Court. Respondent-Corporation challenged the order by filing a Revision Petition before the Court of Sessions and it dismissed the same on the ground that the Corporation had already initiated arbitration proceedings and filed a complaint against the firm. Aggrieved, the Corporation filed another Revision Petition before the High Court. Single Judge of the High Court set aside the order of the Trial Court as affirmed by the Court of Sessions. Hence the present appeal. It was contended by the appellant that in view of Section 397(3) Cr.P.C., the Second Revision Petition filed by the respondent-Corporation before the High Court was not maintainable. Respondent-Corporation submitted that the High Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C., could entertain second Revision Petition if there was miscarriage of justice. |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2005 INSC 37 |
Petitioner | Kailash Verma |
Respondent | Punjab State Civil Supplies Corporation And Anr. |
SCR | [2005] 1 S.C.R. 527 |
Judgement Date | 2005-01-18 |
Case Number | 117-118 |
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