S.S.DEWAN, J. - (1.) CRIMINAL Misc. No. 622-M of 1983 preferred under Section 482 of the Code of Criminal Procedure, 1973 (for short, the Code) is directed against the order made by the Additional Sessions Judge, Patiala, on 23rd October, 1981, by which he disposed of Criminal Revision No. 60 of 1981. The disposal by the Additional Sessions Judge was of a criminal revision petition within the purview of Section 397 of the Code.
(2.) AT the outset, the learned counsel for the respondents in this petition, has raised a preliminary objection that the present petition is not competent in view of the provisions of Section 397(3) of the Code, the relevant provision reads as under :- "397(3) If an application under this Section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them." A bare reading of the above provision would show that there is a statutory bar in sub-section (3) of Section 397 of the Code against any revision petition being preferred by the same person, where a revision petition preferred by him, has been disposed of either by the High Court or the Sessions Judge. The disposal of the revision petition by either of the said Court becomes final in view of Section 397(3) of the Code.
(3.) THE learned counsel for the petitioner has, however urged with great ability that there is no limitation in Section 482 of the Code prohibiting the exercise of that jurisdiction against any order which may have been passed under the Code; Section 482 of the Code is in the following terms; "482. Saving of inhering power of High Court Nothing of this Court shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice." ;