SUBRAMANIUM SETHURAMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is preferred by accused No. 4 in Criminal Complaint Case No. 2209/S/1997 pending before the Metropolitan Magistrate, 33rd Court at Ballard Pier, Bombay challenging an order made by the High Court of Judicature at Bombay in a revision petition filed by the 2nd respondent herein whereby the High Court allowed the revision petition and set aside the order of discharge made by the trial Court.

(2.) The facts necessary for the disposal of this appeal are as follows:

(3.) Aggrieved by the said order of discharge made by the learned Magistrate, the complainant challenged the same by way of a revision petition before the learned Sessions Court on the ground that the learned Magistrate had no power to review his earlier order because of the Bar under Section 362 of the Cr.P.C. The Sessions Court accepted the contention of the appellant and allowed the revision petition without going into the merits of the legality of the statutory notice.