T KRISHNA MURTHY Vs. K SHYAMA RAO

JUDGEMENT

(1.) This petition is filed under Sec.482 of the CrlPC, praying that inherent powers of this Court be invoked to set aside the order dt.1-12-1976 passed by the Metropolitan Magistrate (VI Court), Bangalore City in CC. No.837 of 1975.

(2.) The few necessary facts are that the said case was registered on a private complaint instituted on 21-6-1975. After the petitioners appeared in response to the summons issued to them i.e., after the Court took cognizance of the offence and issued summons, they raised a few contentions and one of them was that the complaint was not maintainable as there was already an appeal pending as against the order said to have been relied upon in the complaint. The learned Magistrate has rejected this contention.

(3.) From what has been stated in the preceding paragraph, it is clear that the order in question is an interlocutory order within the meaning of Sec.397(2) Criminal Procedure Code.