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Shri Kamta Singh v/s Bansh Rakhan Singh

    Cr. Rev 311 Of 1988

    Decided On, 30 August 1996

    At, High Court of Bihar

    By, THE HONOURABLE MR. JUSTICE DR.J.N. DUBEY

    For the Appearing Parties: Ram Kishore Singh, Satyendra Narayan Singh, Advocates.



Judgment Text

J.N. DUBEY, J.

(1.) - This revision is directed against the order dated 16-12-1986 of the Additional Sessions Judge XIII, Patna.

(2.) It appears that on 17-7-1968, the Officer-in-charge of PS. Bikram submitted a report to the Sub-Divisional Magistrate, Danapur, stating that there was ap

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rehension of breach of peace between the parties with respect to the possession of the property in dispute with a request for initiating proceedings under Section 144, Cr. P.C. Accordingly, the Sub-Divisional Magistrate initiated proceedings under Section 144, Cr. P.C., which were subsequently converted into proceedings under Section 145, Cr. P.C. The case was subsequently transferred to the Judicial Magistrate, 1st class, Danapur, who vide his order dated 30-11-1973 declared the possession of the opposite parties, Dip Narain Singh and others, O.P. No. 1. Bansh Rakhan Singh filed Criminal Revision No. 546 of 1974 in this court which was allowed on 9-12-1977 and the case was remitted to the trial court for deciding afresh on merit. The Sub-Divisional Magistrate, who heard the case in pursuance of the order dated 18-5-1987. Applicant filed Criminal revision before the Sessions judge, which was dismissed in default on 16-12-1987. Feeling aggrieved, the applicant has filed this revision.(3.) No second revision is provided under the Code of Criminal procedure and, therefore, this revision filed by the applicant against the order of the revisional Court, is not legally maintainable.(4.) Learned Counsel for the applicant prayed that in case the second revision is not maintainable, he may be permitted to convert it into proceedings under Section 482, Cr. P.C.(5.) Firstly, it is now well settled that inherent power under Section 482, Cr. P.C. , cannot be invoked for doing something which has been specifically barred by the legislature. Secondly, it will not be proper to permit this revision to be converted into proceedings under Section 482, Cr. P.C. after a lapse of over 8 years, it is not a type of case where anyone could have committed a bona fide mistake of filing criminal-revision. Since the second revision is specifically barred, it cannot be reasonably claimed that it was filed under some wrong legal advice. Moreover, as it would appear from above, the proceedings under Section 145, Cr. P.C, were initiated on the basis of the report dated 17-7-1963. About 28 years have passed and there has been no order in favour of the petitioner under Section 145, Cr. P.C. Proceedings under Section 145, Cr. P.C. are of summary nature and are meant for meeting urgent situation. There is nothing on record to show that there has been any untoward incident between the parties during this period. Therefore, no useful purpose would be served by permitting these proceedings to be revived after such a long time. I am, therefore, not inclined to permit the learned Counsel to convert this revision into the proceedings under Section 482, Cr. P.C. In the result, the revision fails and is, accordingly, dismissed. Revision Dismissed.
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