Cr. Revision No. 24 of 2011 25.02.2011 Present: Mr. Rajiv Jiwan, Advocate, for the petitioner. Cr. Revision 24 of 2011 It is unfortunate that this litigation should be subjected to repeated scrutiny by the Court. Orders which were otherwise clear are the subject matter of misinterpretation by the litigant as also by the Court. The grievance of the petitioner in this case is that his application under Section 340 of the Code of Criminal Procedure, which had been dismissed by the learned Sessions Judge and which order was subject matter of adjudication in Criminal Revision No. 147 of 2009, has not been considered. It is undisputed before me that the order allowing the application of the State under Section 173 Cr.P.C. for investigation and the application instituted by the petitioner under Section 340 of the Code of Criminal Procedure were disposed of by a common order granting the prayer of the State and holding that the application filed by the petitioner to be pre-mature. The petitioner is persistent in pursuing the application. The learned Sessions Judge is in clear error when he holds that no order has been passed by this Court on the application under Section 340 of the Code of Criminal Procedure. This interpretation cannot be placed on the order. If an application has been dismissed as pre-mature, it was always open to the petitioner to institute an application at the appropriate stage. The previous order of this Court in Criminal Revision (supra) did not bar the right of the petitioner to move fresh application. This could not be done for the reason that his application was held to be pre-mature and no order has been passed on merits. This petition is disposed of with a direction that it will be open to the petitioner to move the learned Sessions Judge afresh in accordance with law at the appropriate stage, more so considering the fact that the previous application had been held to be premature. The application as and when filed shall be considered on its own merits in accordance with law. Petition stands disposed of. February 25, 2011 (Dev Darshan Sud), ms Judge