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1975 Supreme(MP) 19

U.N.BHACHAWAT
Firm Chironjilal Ramjibhai and Co. – Appellant
Versus
Chunarmal Motiram and Co. – Respondent


JUDGMENT :

( 1. ) THE only question for deci-sion in this revision is whether the revision which is admittedly against an interlocutory order is competent in view of the provisions contained in Sub-section (2) of Section 397 of the Code of Criminal procedure, 1973 (hereinafter referred to as the New Code) which specifically prohibits a revision against any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

( 2. ) THE present revision arises out of the proceedings under section 146 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the Old Code) in the Court below which was initiated on the report of the Railway Police, Bilaspur, dated March 28, 1974, whereupon the City Magistrate had passed a preliminary order on 8-4-1974 under Section 145 (1) and an ad interim order of attachment under Section 145 (4) of Old Code. The proceedings thereafter under the orders of the District Magistrate were made over to the Sub-Divisional Magistrate, Bilaspur, who has passed the impugned order on 12-41974.

( 3. ) A preliminary objection has been raised by the learned Counsel for the non-applicants as to the maintainability of this revision. His contention wa

















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