IRFAN PASHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This reference arises out of order dtd. 9/8/2021 made by the Division Bench of this Court raising doubt about the correctness of view taken by coordinate bench in Criminal Appeal No.97/2018, wherein the office objection regarding maintainability of the appeal was over-ruled and the appeal was decided on merits. The order dtd. 9/8/2021 for ready reference, is reproduced below:

(2.) Sri.S.Balakrishnan, learned counsel appearing for appellants has relied upon order dtd. 8/7/2019 passed in Crl.A.No.97/2018 to contend that similar application had been filed in Spl.C.C.No.330/2015 and said application came to be rejected by the Special Court by order dtd. 8/1/2018, which was challenged in the Crl.A.No.97/2018 and appeal came to be decided on merits, by over-ruling said office objection and as such he prays for over ruling the office objections raised in this appeal.

(3.) Per contra, Sri.P.Prasanna Kumar, learned Standing Counsel appearing for respondent would submit that in view of express language contained in sub-sec. (1) of Sec. 21 this appeal is not maintainable, since as it is filed against an interlocutory order.