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1987 Supreme(Raj) 950

S.N.BHARGAVA, G.K.SHARMA
Nemi Chand – Appellant
Versus
State of Rajasthan – Respondent


For the Petitioner:R.N. Kandelwal, M.M. Ranjan, R.N. Cupta, Advocates.
For the Respondent: G.C. Chatterjee, P.P.
For the Intervenor:N.L. Tibrewal, Advocate.

JUDGMENT

1. 1. The present petition has been referred to this Bench as the learned Single Judge before whom this case came for decision, felt that the following important question of law is involved in this petition:

"Whether an order framing charge against the accused persons is an interlocutory order within the meaning of Section 497(2), Cr.PC and if so, in what circumstances?"

2. The Superintendent of Police, Special Police Establishment (Central Bureau of Investigation), Jaipur submitted a charge-sheet against the accused petitioner Nemi Chand in the court of Additional Chief Judicial Magistrate (C.B.I. Cases), Jaipur, who after hearing arguments, framed charge against the accused petitioner under Section 420, IPC. Being aggrieved by the order framing charge against the petitioner, the petitioner preferred a revision petition in the court of Sessions Judge, Jaipur District, Jaipur who rejected the same on the ground that no revision petition was maintainable under Section 397(2), Cr.PC as the order framing charge is an interlocutory order. Sessions Judge placed reliance on the decision of this court in P.P. Sharma v. State of Rajasthan, 1984 Cr.LR Raj. 397 In this case, the pet





















































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