The main legal point established in the judgment is that an order taking cognisance and issuing a warrant of arrest may not always be an interlocutory order and could be subject to revision if it substantially affects the rights of the accused.

N. Kotiswar Singh, J.

1. Heard Mr. N. Kumarjit, learned senior counsel for the petitioners and Mr. N. Mahendra, learned counsel for the respondents.

2. This criminal revision petition arises out of an order taking cognisance by the learned CJM, Bishnupur and issuance of warrant of arrest against the accused persons. Following is the order in issue.

"ORDER

6-12-2012

This is an application filed by the complainants against the accused persons. Shri Langpoklakpam Suranjay Singh s/o L. Manihar Singh is examined u/s. 200 of Cr.P.C.

Register it as Cril.(C) Case No. 18 of 2012.

After examination of the complainant, I find reasonable grounds to proceed against the accused persons. Hence, issue W/A against the accused persons returnable on 15.12.2012. The complainant is to take step.

Sd/-

(....)

CJM/BPR"

3. The aforesaid order was challenged by the petitioners/accused before the learned Sessions Judge, Bishnupur by filing a revision petition u/s. 397 Cr.P.C. The revision petition was dismissed by the learned Sessions Judge on the ground that the aforesaid order is an interlocutory order and not subject to revision u/s. 397 Cr.P.C., in view of the bar placed under sub-section (2) thereof, vide order dated 10.10.2013 passed in the aforesaid Cril. Revision Case No. 3 of 2013/5/13.

It is against this order of dismissal dated 10.10.2013 passed by the learned Sessions Judge, Bishnupur that the present criminal revision petition has been preferred.

4. Before we proceed to deal with the issues involved, a brief reference to the relevant facts of the case may be made.

Of the petitioners, the petitioner No. 1 is claiming to be absolute owner in possession of certain agricultural land. The said land was claimed to have purchased by one Laishram Iboyaima Singh, the elder brother of the petitioner No. 1 from one L. Manihar Singh, who is the father of the present four respondents on 02.6.1977 by executing a registered sale deed with delivery of possession thereof. Later, on 25.01.2001, the elder brother of the petitioner No. 1 handed over possession of the land to the petitioner No. 1 for cultivation and subsequently gifted the said land to the petitioner No. 1 by executing a registered gift deed on 20.4.2012 and accordingly, the name of the petitioner No. 1 was mutated in the land records as owner of the said land. The petitioner No. 2 is the son of the petitioner No. 1 and other petitioners are men/agents of petitioner No. 1. It is the case of the petitioner No. 1 that while the said land was under cultivation, the former owner, Shri L. Manihar Singh and his sons, the present respondents, tried to disturb peaceful possession and cultivation because of which the petitioner No. 1 filed an original suit being O.S. No. 10 of 2012 before the Court of Civil Judge (Sr.Divn.) Bishnupur for permanent injunction. The learned Civil Judge (Sr.Divn.) Bishnupur passed a temporary injunction order on 7.6.2012 restraining the defendants including the present respondents from entering the said land. Inspite of the said temporary injunction order, the respondents and their men trespassed the land and harvested the paddy crops which led to the filing of the Cril.(C) Case No. 16 of 2012 by the petitioners against them on 27.11.2012 before the Court of CJM, Bishnupur, who took cognisance of the case and issued warrant of arrest against the respondents.

As a counter case, the present respondents filed Cril.(C) Case No. 18 of 2012 on 6.12.2012 against the petitioners alleging theft of paddy crops from the said suit-land before the same court of CJM, Bishnupur and the learned CJM took cognisance of it and issued warrant of arrest against the present petitioners, vide above quoted order dated 6.12.2012, out of which the present criminal revision petition has arisen.

5. The petitioners challenged the aforesaid order dated 6.12.2012 passed by the learned CJM by filing Criminal revision petition u/s. 397 Cr.P.C. before the learned Sessions Judge, Bishnupur. Two issues were framed by