Judgment

Pattanaik, J.—The accused persons in a complaint case are the appel­lants and in this appeal, the Judgment of the Nagpur Bench of Bombay High Court in Criminal Application No. 376 of 1994 is under challenge. By the impugned Judgment, the High Court came to the conclusion that the order of the Judicial Magistrate, First Class, Amravati dated 16.8.91, issuing process was only an interlocutory order and was not amenable to the jurisdiction of the Sessions Judge under Section 397 of the Cr.P.C. and therefore, the Sessions Judge committed error in interfering with the said order of the Magistrate, directing issuance of process. The High Court however also observed that it would be open for the Judicial Magistrate to recall the order of issuing process, if satisfied, in accordance with the Judgment of this Court in K.M. Mathew v. State of Kerala1.

2. On the basis of a complaint, filed by the Respondent No. 1 alleging inter alia that the accused persons made a false complaint to the Treasury Officer, Amravati, containing false imputations to the effect that the complainant had come to office in a drunken state and abused the Treasury Officer and thereby have committed criminal of