JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard learned Advocates for the parties. Perused the records. Rule. By consent, Rule made returnable forthwith.

2. By the present application, the applicant, seeks to review the order dated 16th December, 2000 passed in Criminal Writ Petition No. 208 of 2000 by this Court and to restore the said writ petition for hearing the matter on merits.

3. As regards the maintainability of the application in the manner in which it has been filed, placing reliance on the decision of the Apex Court in the matter of (Krishna Narain Lal and another v. State of Bihar and another)1, reported in 1999(9) S.C.C. 247 it is submitted that the bar under section 362 of the Code of Criminal Procedure would not affect in the case in hand as the order dated 16-12-2000 is not a judgment within the meaning of the said expression under section 362 of the Cri.P.C. It is further submitted by the learned Advocate for the applicant that, in view of the framing of the charge, there is no cause for the applicant to approach the Magistrate objecting to the charge already framed and in that regard reliance is sought to be placed in the decision of the Apex Court in the matter of (Rat

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