ORAL JUDGMENT

1. This Revision Application is preferred by the petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, wherein prayer is made to quash and set aside the judgment and order dated 28-02- 2005 passed in Criminal Revision Application No. 14 of 2004 by the learned Additional Session Judge, 9th Fast Track Court, Junagadh, who in turn set aside the issuance of process dated 15-01-2004 passed by the Judicial Magistrate (First Class), Junagadh in Criminal Case No.

255 of 2004.

2. Mr. R. C. Kakkad, learned Advocate for the applicant, submitted that the order passed by the learned Additional Session Judge is erroneous and bad in law and, therefore, it requires to be set aside. The learned Advocate submitted that the learned Additional Session Judge ought to have appreciated the reasoning assigned by the learned Judicial Magistrate (First Class) in issuing summons in proper perspective and ought to have held that the order of the issuance of summons is an “interlocutory order” and it cannot be termed as “final order”. The learned Judge ought to have held that no case is made out by original accused Nos. 3 and 4 which would warrant any interference in