Tri HC | Second revision petition not competent in view of S. 397(3) CrPC, reiterated

Tripura High Court: S. Talapatra, J., relying on the Supreme Court decision in Azghar Khan v. State of U.P., 1981 Supp SCC 78, dismissed a criminal revision petition filed against the order of Additional Sessions Judge.

Genesis of the grievance was noted in a complaint filed by petitioner alleging that respondent stole the cheque in controversy which was dishonoured in due course. A case was registered and after investigation, the police submitted the report of terminating the investigation as there was no foundation for allegations made in the complaint. Petitioner challenged the report by filing a protest petition but Sub-Divisional Magistrate refused to direct further investigation. Being aggrieved, the petitioner preferred a criminal revision petition which was dismissed by Additional Sessions Judge observing that there was no ground to interfere in the report. This order was challenged in the present revision petition under Section 482 CrPC.

At the outset, the High Court observed, “By all traits, this is a second revision petition. On the face of it, it is barred by sub-section (3) of Section 397 CrPC.” Reliance was placed on Azghar Khan case which laid down that a second revision petition would not be competent in view of Section 397(3). Moreover, the High Court did not find any failure of justice which could persuade it to interfere in the matter. [Bikash Chandra v. State of Tripura, 2019 SCC OnLine Tri 40, dated 01-02-2019]

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