LAWS(ALL)-1991-3-174

SUBHAS CHAND DIXIT Vs. STATE OF U.P.

Decided On March 07, 1991
Subhas Chand Dixit Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) This revision is against order framing charge which is an interlocutory order. Hence revision is barred under Sec. 397 (2) of the Crimial P.C. If evidence has not yet commenced in the case, revisionist can still claim discharge under Sec. 239 Cr. P.C. The learned Magistrate, if evidence has not yet commenced, can still go through the case Diary and other documents. If he finds that there is no prima facie case against the revisionist, he can still discharge the revisionist. With these observations the revision is disposed of finally. A copy of this order be issued to the counsel for the revisionist today on payment of usual charges. Revision disposed of.