ORAL JUDGEMENT (PER : F.I.REBELLO, J.) :-

1. This matter has been referred by a learned Single Judge for deciding the following question :- “Whether a revision application under section 397 of the Criminal Procedure Code, 1973 for challenging the order of dismissal of the complaint under section 256 of the said Code, 1973 is maintainable or whether the only remedy available against the said order is to prefer an appeal under section 378 of the said Code of 1973?”

2. The learned Single Judge has referred the aforesaid question to the Division Bench as the learned Single Judge found that conflicting views were expressed by the learned Single Judges of this Court in that regard. The reference order dated 1st August 2008 refers to the following judgments delivered by the learned Single Judges of this Court viz. :

(a) holding that the only remedy available is that of an appeal and that revision application is not maintainable:-

(i) Om Gayatri and Company vs. State of Maharashtra reported in 2006-Cri.L.J.-601;

(ii) Raja s/o Dr.S.P.Upadhaye vs. State of Maharashtra reported in 1993(3)-Mh.L.J.-397;

(b) a revision application is maintainable – Mahendra Indermal Borana vs. Anil Shankar Joshi

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