Judgment

S. RATNAVEL PANDIAN, J.

(1) SPECIAL leave granted.

(2) THE question for consideration in this appeal is whether the order of discharge passed by the Chief Judicial Magistrate, Sonepat is or is not an "interlocutory order" within the meaning of S. 397(2 of the Code of Criminal Procedure (hereinafter referred to as the Code). The appellant which is a State government undertaking registered under the Companies Act, 1956 is working under the administrative control of Haryana government in Agricultural Department. The secretary of the appellant-Company filed a criminal complaint before the court of Chief Judicial Magistrate, Sonepat against respondent 2 under S. 409, 467, 468 and 466-A of the Indian Penal Code on the allegations that the second accused committed criminal breach of trust, misappropriated the stocks entrusted to him and defalcated the account books and stocks registers, etc. It seems that the complaint was referred to the police for investigation under S. 156(3 of the Code. On the final report sub- mitted by the Inspector of Police, Sonepat city, the learned Magistrate passed the following order on 11/04/1988.

"IN view of the repo