JANKI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) B. K. Rathi, J. By means of this revision under Sections 397/401 Cr. P. C. the revisionist has prayed for quashing of the order dated 05-2-1999 passed by Spe cial Judge (SC/st Act,) Basti in Criminal revision No. 1 of 1999.

(2.) 1 have heard Sri S. K. Singh, learned counsel for the revisionist, Sri R. K. Tripathi, learned counsel for opposite party Nos. 2 to 6 and the learned A. G. A.

(3.) IN my opinion the learned Special Judge has exceeded his jurisdiction in quashing the order and dropping of the proceedings. It is settled law that order under Section 145 (1) Cr. P. C. , is a inter locutory order against which the revision is barred by mischief of Clause (2) of Section 397 Cr. P. C. The revision was therefore not maintainable before the Additional Ses sions Judge and he has erred in entertain ing the revision and allowing the same.