1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Crl. Miscellaneous Petition No.131/2010 (Sanwar Mal Vs. State of Rajasthan) Date of Order : 16.03.2010 HON'BLE MR. JUSTICE M.N. BHANDARI Mr.Kamlesh Kumar Sharma for Mr.Karma Veer, for the petitioner. Mr.Laxman Meena, PP. By the Court: By this miscellaneous petition, a challenge has been made to the order framing charges so as the order passed on revision petition. It is stated that petitioner was holding a clerical post, thus he cannot be said to be involved in commissioning of offence, however, charges have been framed against him. The order framing charges was challenged by maintaining revision petition, however, the Session Court dismissed the same ignoring the fact that petitioner is noway involved in the matter. Learned Public Prosecutor, on the other hand, opposed this petition and submits that a petition under Section 482 of Cr.P.C. against the order passed by the Revisional Court is nothing but a second revision petition. In view of the catena of judgments of the Hon'ble Apex Court, second revision petition cannot be entertained unless a rare case is made out to show that there is a clear abuse of process. The arguments so made by the learned counsel for the petitioner is on the facts, which have already been 2 considered by the Court below and in view of the aforesaid, it is not a case falling in the category of rare of rarest cases to entertain second revision petition in the shape of petition under Section 482 of Cr.P.C. I have considered the submissions made by the learned counsel for the parties and given my thoughtful consideration. Perusal of the order passed by the Revisional Court shows that all the issues raised before it were properly considered and accordingly, the revision petition was dismissed. A petition under Section 482 of Cr.P.C. against the order of Revisional Court is literally a second revision petition. Second revision petition is not maintainable as such unless a case of rare of rarest category is made out in a miscellaneous petition under Section 482 of Cr.P.C. The arguments so made herein are on facts, which are not otherwise convincing, hence a case of category of rare of rarest cases is not made out. Accordingly, the criminal miscellaneous petition so preferred by the petitioner is dismissed. (M.N. BHANDARI),J. Preety Item NO.S-11