VERMA, J. — The question referred to this bench is :

"Whether under Sec. 397(2) Cr. P.C. the expression interlocutory order covers the framing of the charge during the trial or not."

(2). The petitioner before us is accused of sheltering Pakistani nationals in contravention of sections 13 and 14 of the Foreigners Act. Suffice for the purposes of this discussion that the learned trial Magistrate, after having taken due cognizance of the aforesaid offences, framed charge against the petitioner for the aforesaid offences on 22.4.89. The petitioner pleaded not guilty and claimed trial. However, he filed a revision petition before this Court u/s. 397 Cr. P.C. against the order framing the charge. The office raised a preliminary objection regarding the maintainability of the revision petition. The matter was placed before a learned single Judge of this Court. Learned counsel for the petitioner urged before the learned single Judge that the objection had been raised by the office on account of a Division Bench decision of this Court in Nemichand Vs. State of Rajasthan (1). He contended that the Division Bench judgment was based on the judgment of the Supreme Court in V.C. Shukla Vs. State (

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