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2018 Supreme(Kar) 1202

RAGHVENDRA S.CHAUHAN, H.T.NARENDRA PRASAD
Syed Ifthekar Ahmed S/O Late Syed Shafiq Ahmed – Appellant
Versus
State By Karnataka Lokayuktha City Division – Respondent


Advocates Appeared:
For the Petitioner: Sri Nagendra Naik R., Adv.
For the Respondent: Sri V. S. Arbatti, Adv., Sri Sandesh J. Chouta, Aag A/W Sri. I. S. Pramod Chandra, SPP-II

ORDER :

RAGHVENDRA S. CHAUHAN, J.

Twelve different Criminal Miscellaneous Petitions were filed under Section 482 Cr. P. C. before a learned Single Bench of this Court. In the said petitions, the petitioners had challenged either an order framing the charges, or an order refusing to discharge the accused, or an order dismissing applications for discharging the accused. Before the learned Single Judge, the learned counsel for the petitioners had raised two contentions: firstly, an order framing the charge, or the order refusing to discharge the accused, or the order dismissing an application for discharge are not interlocutory orders. Instead, such orders are intermediate orders. Thus, such orders can be challenged under the revisional jurisdiction of this court under Section 397 (1) Cr. P. C. Since they are intermediate orders, they are not hit by the bar contained in Section 397 (2) Cr.P.C. Secondly, in the alternative, since the cases deal with offences under the Prevention of Corruption Act ("the P. C. Act", for short), the impugned orders can still be challenged under Section 482 Cr.P.C., even if they cannot be challenged under the revisional jurisdiction under Section 397 (1) Cr.

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