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2014 Supreme(All) 3058

D. Y. CHANDRACHUD, SUNIL AMBWANI, VIKRAM NATH
Premwati – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : A.K. Kashyap and Ram Saran Giri
For the Respondents:Govt. Advocate

JUDGMENT

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


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