As per Section 399(3) Cr.PC. where any application for revision is made by any person or on behalf of any person before the Session Judge, the decision of the Session 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.
Problem: Magistrate declined to include the name of a person in a case under 323 IPC, citing some reasons. Revision was filed. Session Judge allowed the Revision, without giving any oppurtunity of being heard to the person who name is to be included in that case.
As a result accused were unable to defend for non-inclusion of his name in the case.
But as person Section 401(2) Cr.PC. read with 399 Cr.PC. No order under this section shall be made to the prejudice of the accused or other person unless he has had an oppurtunity of being heard either personally or by pleader in his own defence.
Where any application for revision is made by or on behalf of any person before the Session Judge, the decision of Session 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.
Query: Now, my question is can REVISION again be filed with the Session Judge by some other person (i.e the defending party) for not to include that person's name in the case. As such revision will not be filed by the person who earlier filed the revision. Secondly if it is based on different facts, though the issue is same.
Please help Solving it out.
