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TMI Blog2002 (7) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... ct read with Section 120B of the Indian Penal Code and also Section 5 of the same Act against accused Nos. 1 to 3. Petitioner had preferred a revision petition against the order passed by the learned Metropolitan Magistrate which was dismissed. Hence the present petition. 2. The respondent Deputy Chief Controller of Imports and Exports had preferred a complaint against the petitioner and others. It had been alleged that M/s. Choice Apparel Pvt. Ltd., Hauz Khas is a company registered under the Companies Act and is a merchant exporters. Shri C. Verghese and Ms. Mariya Kutty are the Managing Director and Director while present petitioner is a partner of M/s. Fashion Age, Hauz Khas, New Delhi. They entered into a criminal conspiracy with ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r arranged Rs. 60,000/- from Mrs. Manorama Mittal and Rs. 40,000/- from J.L. Garg and Rs. 1 lakh was deposited in the account of M/s. Choice Apparel which was further passed on to M/s. V.K. Mahindra Ors. He arranged and deposited in the account of M/s. Choice Apparel Pvt. Ltd., a bank guarantee for the advance licence in question. The export order in question on basis of which advance licence was issued was also arranged and signed by Vijay Kumar as buyer of M/s. Amba International, Sydney, Australia. 4. M/s. V.K. Mahindra Bros. placed an indent for M/s. Jayanand International, New Navjivan Commercial Building, Bombay for import of raw silk. The raw silk against above licence was imported at Bombay port. The licensee was under an ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d at the bar that under sub-section (3) to Section 397 of the Code of Criminal Procedure if a person has preferred a revision and fails then the second revision petition challenging the said order is not maintainable. This provision had been enacted with the sole object to ensure speedy trial and early end to the litigation by curtailing further revision petition. 9. Learned Counsel for the petitioner has drawn the attention of this Court towards the judgment of the Supreme Court in the case of Krishan Anr. v. Krishnaveni Anr. decided on 24th January, 1997 to contend that even in such cases the inherent powers of the Court can be utilised and pressed into service. 10. From a perusal of the cited judgment it patent that principle urg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of proceedings. The object of criminal trial is to render public justice, to punish the criminal and to see that the trial is concluded expeditiously before the memory of the witness fades out. The recent trend is to delay the trial and threaten the witness or to win over the witness by promise or inducement. These malpractices need to be curbed and public justice can be ensured only when expeditious trial is conducted. 11. In other words a word of caution that was given that ordinarily when second revision petition is barred, the High Court will refrain itself but in an appropriate case the inherent powers can be utilised by the Court where the interest of justice so required. 12. At this stage reference can well be made to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y would vary with the facts and circumstances of each case. If in a particular case the interest of justice which by itself is a wide term so require the Court may exercise the inherent powers but it will not treat as a second revision to interfere unless it is one of those rare cases where power necessarily has to be exercised. 14. Learned Counsel for the petitioner took care and read statements of certain witnesses to urge that there is no criminal conspiracy that can be held to have been established qua the petitioner. Indeed once the Trial Court has held that there is a prima facie case drawn and revision petition has also been dismissed, this Court would ordinarily refrain itself from re-appraising the evidence and minutely go into t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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