follows:
1) Whether the order dismissing an application under Section
239 Cr.P.C is interlocutory in nature?. If so, whether the
revision under ... Section 397(1) Cr.P.C r/w Section 401 Cr.P.C is
maintainable, in view of the bar under Section 397 (2)
ORDER:
This criminal revision case is filed by the accused under
Sections 397 & 401 Cr.P.C challenging the order in Crl ... filed Crl.M.P.No.305 of
2012 before the II Additional Special Judge for C.B.I Cases,
Hyderabad under Section 239
follows:
1) Whether the order dismissing an application under Section
239 Cr.P.C is interlocutory in nature?. If so, whether the
revision under ... Section 397(1) Cr.P.C r/w Section 401 Cr.P.C is
maintainable, in view of the bar under Section 397 (2)
petitioner/A-1 can be decided in a petition filed
under Section 239 Cr.P.C?
5) If not, whether the petitioner ... Trial
Court or before this Court in the petition filed under Section 239
Cr.P.C and in the revision filed under Section 397
Prasad, Spl.PP)
***
This Criminal Revision Petition is filed under
Section 397 read with Section 401 of Criminal
Procedure Code, 1973 praying to set aside ... final disposal.
3. This criminal revision petition has been filed by
the accused under Section 397 read with Section 401 of
Cr.P.C., against
under Section 239
3 Crl.R.C.No.551 of 2011 & batch
MSM,J
Cr.P.C ., to discharge him for the various offences ... Sections 397 and 401 Cr.P.C. is limited, since this Court can exercise
jurisdiction under Sections 397 and 401 Cr.P.C. only when
relevant provisions
in the Criminal Procedure Code regarding discharge of accused and framing of
charge. Section 227 CrPC deals with the provision ... framing of
charge are Section 239 CrPC and Section 240 CrPC.
Section 239 CrPC reads as follows:
"239
that no criminal act is alleged against
the Petitioner/A7 and that while framing charges under Sections 239 and 240 of
... framed under Section 240 of Cr.PC, whereas the earlier order is
one challenging the order of discharge passed under Section 239 of
under Section 239
3 Crl.R.C.No.551 of 2011 & batch
MSM,J
Cr.P.C ., to discharge him for the various offences ... Sections 397 and 401 Cr.P.C. is limited, since this Court can exercise
jurisdiction under Sections 397 and 401 Cr.P.C. only when
under Section 239
3 Crl.R.C.No.551 of 2011 & batch
MSM,J
Cr.P.C ., to discharge him for the various offences ... Sections 397 and 401 Cr.P.C. is limited, since this Court can exercise
jurisdiction under Sections 397 and 401 Cr.P.C. only when
