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Rajendra Kumar Sitaram Pande & Ors vs Uttam & Another on 11 February, 1999 cites

K.M. Mathew vs State Of Kerala And Anr on 19 November, 1991

Mr. Lalit, learned counsel, appearing for the appellants submitted that the order of the Magistrate, directing issuance of process cannot be held to be an interlocutory order not amenable to the revisional jurisdiction under Section 397 of the Code of Criminal Procedure. He further contended that when the allegations in the complaint read with the report of the Treasury Officer obtained from him pursuant to an inquiry made under sub-section (1) of Section 202, clearly bring out the case under exception 8 to Section 400, the High Court in exercise of its inherent jurisdiction under Section 482 ought not have interfered with the order of the Sessions Judge, passed in revisional jurisdiction. The learned counsel also submitted that even if the remedy of approaching the Magistrate by the accused under Section 205 for recalling the process already issued is available in terms of the judgment of this Court in Mathew's case, but the matter being present in this court itself, this Court may consider the averments made in the complaint petition to find out whether any offence is made out and then would pass appropriate order. Mr. Deshpande, the learned counsel, appearing for the respondent, on the other hand contended that the direction given by the High Court is fully justified in the facts and circumstances of the case and no interference at all is called for under Article 136 of the Constitution of India.
Supreme Court of India Cites 13 - Cited by 328 - K J Shetty - Full Document
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