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2023 (6) TMI 1364 - HC - Indian LawsMaintainability of second revision - framing of charge - whether the criminal petition under Section 482 CrPC under the guise of second revision is maintainable? - HELD THAT:- When revision against the order of Magistrate dismissing the complaint had been dismissed by the learned Sessions Judge, application to the High Court under Section 482 CrPC against the order of dismissal would not lie as it would amount to circumventing this provision which prohibits second revision. The inherent powers cannot be invoked in a manner that the effect would be just entertaining a second revision, which has been expressly barred except in extraordinary cases. The bar as contained in Sub-Section (3) of Section 397 CrPC cannot be circumvented by resorting to Section 482 CrPC. A second revision under the grab of a quash petition under Section 482 CrPC is not maintainable. This Court is of the view that there is no compelling circumstance or exceptional circumstance or it could not even be stated to be a rarest of rare case, warranting invocation of Section 482 Cr.P.C. by this Court, and it is a clear case that under the guise of second revision, the petitioner has approached this Court under Section 482 Cr.P.C. Petition deserves to be dismissed as not maintainable - This Writ Petition (Criminal) stands dismissed.
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