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H. S. MADAAN, J. (ORAL) –

1. Case taken up through video conferencing.

2. This revision petition is directed against order dated 14.10.2020, passed by Additional Sessions Judge, Panipat, in revision filed before him challenging order dated 5.2.2020 passed by Judicial Magistrate Ist Class, Panipat, vide which learned Magistrate had dismissed an application under Section 311 Cr.P.C. filed by the complainant to summon an official from Allahabad Bank, GT Road, Panipat and in his absence, its Chief Manager. The said order had been set aside by learned Additional Sessions Judge, Panipat, while accepting the revision petition and consequently, application under Section 311 Cr.P.C. was allowed.

3. Now the question arises whether the second revision petition in such a manner is maintainable. The answer is in negative. Section 399 Cr.P.C. provides that in case of any proceeding, the record of which has been called for by himself, the Sessions judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401. Sub Section 3 provides that where any application for revision is made by or on behalf of an person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

4. Thus, filing of second revision petition, challenging the order passed by the Court of Session, while disposing of a revision petition is barred and it cannot be entertained by this 'court.

5. Therefore, the instant revision petition is doomed for failure and is dismissed accordingly.

Petition dismissed.

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