D. Y. CHANDRACHUD, SUNIL AMBWANI, VIKRAM NATH
Premwati – Appellant
Versus
State of U. P. – Respondent
1. In a referring order dated 13 December 2013, the learned Single Judge has referred the following question for decision by the Full Bench:
"Whether an order made under Section 156(3) Cr.P.C. is an interlocutory order and remedy of revision against such an order is barred under sub-section (2) of Section 397 Cr.P.C."
In the judgment of a Full Bench of this Court in Father Thomas v. State of U.P. & Anr., (2011) 1 UPLBEC 1 , one of the three questions which were formulated for consideration was as follows:
"(B) Whether an order made under Section 156(3) Cr.P.C. is an interlocutory order and remedy of revision against such an order is barred under sub-section (2) of Section 397 Cr.P.C., 1973?"
2. This question has been answered by the Full Bench as follows:
"B. An order made under Section 156(3) Cr.P.C. is an interlocutory order and remedy of revision against such order is barred under sub-section (2) of Section 397 of the Code of Criminal Procedure, 1973."
3. The issue is, thus, squarely covered by the judgment of the Full Bench. With respect, the learned Single Judge was not justified in making a reference on a matter which is covered by a direct decision of the Full Bench whi
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.