NAGJIBHAI RATAJI RAJPUT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present revision application has been preferred by the applicants (Ori. Accused) under sec. 397 read with section 401 of the Code of Criminal Procedure, challenging the legality and validity of the order dated 12.9.2007 passed by the learned Addl. Sessions Judge, Banaskantha at Deesa (hereinafter referred to as the Revisional Court) in Criminal Revision Application No. 32/2007.

(2.) HEARD Mr. Alok M. Thakkar learned advocate for Mr. Y.S. Lakhani learned Senior Advocate appearing for the applicants and Ms. C.M. Shah learned APP appearing for the respondent no. 1- State. Nobody appeared for the respondent no. 2 (Original complainant).

(3.) AT the out set, it is required to be mentioned that the applicants have challenged the order passed by the Revisional Court in the revision application preferred by the respondent no. 2 under section 397 of the Code of Criminal Procedure and in absence of any specific provision in the CrPC., the second revision application would not be maintainable. Even otherwise, the impugned order being of interlocutory nature, the revision application itself is barred in view of sub-section 2 of section 397 read with section 401 of Code of Criminal Procedure. As rightly submitted by Ms. Shah learned APP for the respondent no. 1, it is for the lower Court to consider the papers of investigation and frame the charge against the applicants, which has not been framed so far. Therefore, whether section 307 of IPC sought to be added in the charge-sheet, as sought to be done by the Revisional Court, would not have any significance in the matter.