RAM ESH NARANG v. VIJAY MIGLANI

1. This is a petition filed by the petitioner, by virtue of which the order dated 11.1.2011 passed by the learned Session Judge dismissing the civil revision of the petitioner against the order of summoning dated 28.8.2009 is challenged.

2. On the last date of hearing, i.e.02.5.2011, the learned counsel for the petitioner was specifically asked to satisfy this Court as to how the present petition is maintainable in the light of the fact that after the dismissal of the revision petition, the present petition would tantamount to second revision. Merely because the present petition is filed under Section 482 Cr.P.C, it does not change the colour of the petition itself.

3. There is no appearance on behalf of the petitioner despite third call. The present petition though filed under Section 482 Cr.P.C, the 2011:DHC:12208 ~/ ~ / Court is of the view that it tantamounts to filing of the second revision petition by the petitioner and the same is not maintainable as it is barred under Section 397(2-~r.P.C.

4. The petition stands dismissed accordingly.

SEPTEMBER 12, 2011 KA ~ V.K. SHALI,J