(1) LEAVE granted.

(2) AS none was appearing on behalf of the accused despite service, we have appointed Mr. D.N. Goburdhan as amicus curiae to assist us.

(3) BY order dated 2nd May, 2001 passed in crl. miscellaneous application no. 14/2001, the Vth additional sessions judge, Kolhapur set aside the judgment and order passed by the judicial magistrate, first class, Malkapur releasing the accused under section 167(2) of the Criminal Procedure Code (Cr.P.C.) on the ground that the charge-sheet was not submitted within a period of 90 days. The High Court by impugned judgment and order dated 31.7.2001 passed in criminal application no. 1694 of 2001 set aside the judgment and order passed by the sessions judge, Kolhapur by holding that the order passed by the judicial magistrate. Malkapur being an interlocutory order was not revisable under the revisional jurisdiction.

(4) BEING aggrieved and dissatisfied by the said judgment and order, the de facto complainant has preferred this appeal by filing special leave.

(5) LEARNED counsel for the appellant submitted that the impugned order passed by the High Court is totally misconceived. It is his content