DIPAK MISRA, CJ

1. In this batch of writ petitions, we are required to answer the reference made by the learned Single Judge in respect of the following question:

“Whether an order on charge framed by a Special Judge under the provisions of Prevention of Corruption Act, being an interlocutory order, and when no revision against the order or a petition under Section 482 of Cr.P.C. lies, can be assailed under Article 226/227 of the Constitution of India, whether or not the offences committed include the offences under Indian Penal Code apart from offences under Prevention of Corruption Act?”

2. Before dwelling upon the issue under reference, it would be apt to state under what circumstances the reference arose. For the said purpose, it is necessitous to have a brief advertence to the facts in the referral order. The petitioners had filed writ petitions for quashment of the orders of the learned Special Judge framing charges for the offence punishable under Prevention of Corruption Act, 1988 (for short „the 1988 Act?) along with or without charges for offence under India Penal Code (for short „the IPC?). As the order of reference would reveal, the learned Single Judge has taken