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2013 Supreme(Jhk) 1238

R.R.PRASAD
Pramila Devi – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Anil Kumar Sinha, Sr. Advocate
For the State: A.P.P.

ORDER

When this application was filed under Section 482 of the Code of Criminal Procedure for quashing of the order dated 10.7.2013 passed by Judicial Magistrate, 1st Class, Dhanbad in C.P. Case no.2118 of 2008 whereby a petition for discharge filed under Section 245 of the Code of Criminal Procedure was rejected, an objection was taken by the office over the maintainability of this application, as according to the office, a revision would lie against the impugned order.

2. Over the maintainability of the matter, heard Mr. Anil Kumar Sinha, learned Sr. counsel appearing for the petitioners and learned counsel appearing for the State.

3. Learned counsel appearing for the petitioners submits that it is true that it has been well settled principle that an inherent power will come into play only when there is no provision in the Code for redressal of the grievance of the aggrieved party and that if the order assailed is purely of an interlocutory character, it can be corrected in exercise of the revisional power of the court and in that event, the High Court would refrain to interfere with the order in exercise of power under Section 482 of the Code of Criminal Procedure. But at the same














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