(1) We are called upon to answer three different questions of law arising in three criminal references Nos : 27 of 1977, 61 of 1978 and 28 of 1979 which, if stated more exhaustively, should read as under :-

(1) Whether the newly inserted sub-section (4-a) of Section 435 of the Code of Criminal Procedure which creates a bar against revision of an interlocutory order is retrospective in operation, in the sense, that it would affect even pending revisions and references ?

(2) Whether an order framing a charge is an interlocutory order so as to attract the bar created by sub-section (4-a) of Sec. 435 ?

(3) Whether an order refusing to summon a witness under Section 540 of the Code of Criminal Procedure is also an interlocutory order that attracts the same bar ?

(2) A charge under section 7/16 of the Prevention of Food Adulteration Act was framed against the petitioner S. K. Mahajan in Criminal Reference No. 27 of 1977 by Munsiff Judicial Magistrate, Jammu, by his order dated 8. 9. 1976. He challenged it before Chief Judicial Magistrate, Jammu, who by his order dated 26. 1. 1977 made a recommendation to this court that the charge being unwarranted may be quashed. While the, rev