Court Affirms Prohibition on Entertaining Second Revisions Under CrPC Section 397(3)
In a significant judgment, the Rajasthan High Court has dismissed a petition filed by Jai Kishan, reasserting the legal prohibition against entertaining a second revision petition by the same party as stipulated under Section 397(3) of the Criminal Procedure Code (CrPC). The judgment, delivered by Justice Farjand Ali, emphasized the necessity for procedural discipline and finality in criminal adjudication.
Jai Kishan, the petitioner, sought interim compensation under Section 143A of the Negotiable Instruments Act from the Metropolitan Magistrate No.3, Jodhpur, which was subsequently declined. Unperturbed, the petitioner pursued a revision before the Additional Sessions Judge No.2, Jodhpur. However, both the trial and revisional courts ruled against him, prompting him to approach the High Court.
Justice Ali noted that despite the petition being presented under a different nomenclature, the essence of the plea remained unchanged, effectively constituting a second revision petition. The court reiterated that under Section 397(3) of the CrPC, such a second revision is impermissible, as the legislative intent is to avoid multiplicity of challenges and ensure expeditious justice.
The judgment further clarified that the inherent powers of the High Court, as provided under Section 482 of the CrPC, are reserved for exceptional cases where there is a clear miscarriage of justice, which was not demonstrated in this case. The courts below had exercised their discretion judiciously, and there was no jurisdictional error or arbitrariness in their decisions.
The High Court also addressed the discretionary nature of awarding interim compensation under Section 143A of the Negotiable Instruments Act. It emphasized that the magistrate’s discretion was exercised judiciously, with both the trial and revisional courts providing reasoned decisions that were aligned with the legal framework.
Concluding the judgment, Justice Ali dismissed the petition as procedurally untenable and substantively lacking merit, reinforcing the statutory bar against second revisions and upholding the concurrent findings of the lower courts.
Bottom Line:
Section 397(3) of CrPC prohibits entertaining a second revision petition by the same party, ensuring finality and preventing multiplicity of challenges in criminal adjudication.
Statutory provision(s): Section 397(3) of CrPC, Section 143A of the Negotiable Instruments Act, Section 482 of CrPC
Jai Kishan v. State of Rajasthan, (Rajasthan) : Law Finder Doc id # 2854186
