ASGHAR KHAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) It seems to us that in this case the High Court has taken a wrong view of law regarding the maintainability of the application filed by the appellants for revision under S. 397 (1) Criminal P. C. (hereinafter referred to as the Code), S 397 (1) is extracted below:

(3.) The only bar contained in sub-s. (2) of S. 397 of the Code is that no revision shall be exercised in relation to an interlocutory order passed in any appeal, inquiry, trial or other proceeding. In the instant case, indisputably the order passed by the Sessions Court was a final one. Therefore, S. 397 (2) of the Code would have no application. Thus. sub-sec. (3) of S. 397 as indicated above, applies only in a case where an application in a revision has been filed either before the Sessions Judge or the High Court and either of them has exercised the power, so that no further revision would lie to the High Court. In the instant case, sub-section (3) has no application.