53) and Indrapuri Primary Co-operative Housing Society
Ltd. and another v. Sri.Bhabani Gogoi (1991 Crl.L.J 1765)
to urge that this Court cannot be called upon to exercise its
inherent jurisdiction to go into questions over the sufficiency of
materials and other circumstances which satisfy the magistrate
W.P.(C).NO.15129/2012& 5Crl.M.C.NO.2713/2012
to commence proceedings under Section 145 of the Code over
the subject matter. No interference with Annexures I and J
orders passed by the Sub Divisional Magistrate in the facts and
circumstances of the case is called for is the submission of the
learned Govt. Pleader.
"The interdict contained in Section 397(2) of the Code of
Criminal Procedure (for short 'the Code') is that the powers
of revision shall not be exercised in relation to any
interlocutory order. Whether an order is interlocutory or
not, cannot be decided by merely looking at the order or
merely because the order was passed at the interlocutory
stage. The safe test laid down by this Court through
a series of decisions is this; if the contention of the
petitioner who moved the superior Court in revision,
as against the order under challenge is upheld,
would the criminal proceedings as a whole
culminate ? If it would, then the order is not
interlocutory in spite of the fact that it was passed
during any interlocutory stage.***
The feasible test is whether by upholding the objections
raised by a party, it would result in culminating the
proceedings, if so any order passed on such objections
would not be merely interlocutory in nature as envisaged
in Section 397(2) of the Code." [Emphasis supplied]