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1976 Supreme(All) 119

K.N.SETH, M.MURTAZA HUSAIN
Bindbasni – Appellant
Versus
State of Uttar Pradesh – Respondent


M. MURTAZA HUSAIN, J.

( 1 ) THIS criminal revision is directed against the order dated 31st October, 1975 passed by the Sessions Judge, Basti whereby he dismissed a revision filed by the revisionist against the order dated 11th April 1975 passed by the Subdivisional Magistrate, Basti, under Section 107/111, Cr. P. C. (new ). Through that order the learned Magistrate expressed his satisfaction to the effect that there was apprehension of breach of peace on behalf of the revisionist and he directed a notice to be issued to the revisionist to show cause as to why should they not be bound down.

( 2 ) THIS revision was admitted by Honble H. N. Kapoor, J. on 22nd December, 1975. The learned Judge was doubtful about the maintainability of this revision because in his opinion the impugned order passed by the Magistrate was an interlocutory order as contemplated by Section 397 (2), Cr. P. C, (New) whereby no court of revision could interfere with it. A Single Judge decision of this Court in Trijugi Narain Shukla v. State (1975) 1 All LR 627 was cited before him wherein it was held that an order passed by a Magistrate under Section 107/111, Cr. P. C. (new) was not an interlocutory order. In

























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