GOVINDA NAICKER Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr. P. C. , and Article 227 of the Constitution of India against the order made in Cr. R. P. No. 10 of 1974 dated 25-4-1975 by the Sessions Judge, Vellore, confirming the sentence made in C, A. No. 206 of 1974 by the Chief Judicial Magistrate, Vellore, confirming the sentence made in C. C. No. 848 of 1974 by the Judicial Second Class Magistrate, Ambur.

(2.) THE question to be considered is whether a revision is maintainable under Article 227 of the Constitution of India, and Section 482 of Cr. P. C. , in view of the provisions of Section 397 (3) Cr. P. C.

(3.) AS an application under Section 397 Cr. P. C. made to the Sessions Judge of Vellore has been dismissed and as Sub-section (3) of Section 397 of the Cr. P. C. , is a bar to a further application under Section 397 Cr. P. C. , being made to this Court, the question whether Sub-section (3) of Section 393 Cr. P. C. , is repugnant to the provisions of Article 227 of the Constitution and therefore void has been raised by the learned Counsel for the petitioner.