JAGE RAM BHATI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Dharmendra Dhar Dubey, learned counsel for the respondent and Sri R.P. Pandey assisted by Manoj Mishra, learned AGA for the State.

(2.) Present petition under Article 227 of the Constitution of India is filed by the petitioner against the impugned order dtd. 30/8/2022 passed by learned Additional Sessions Judge, court no. 2, Ghaziabad in Application 30-kh dtd. 17/8/2022 filed by the petitioner in Criminal Revision no. 387 of 2022 (Raj Bhati vs. Jage Ram Bhati and another) under Sec. 146(1) Cr.P.C., P.S. Loni Border, District Ghaziabad. By the impugned order learned Additional Sessions Judge has rejected the application 30-kh moved by opposite party no. 1, who is petitioner before this Court, in application 30-kh and opposite party before the Revisional court had challenged the maintainability of revision preferred against the impugned order dtd. 20/7/2022 passed by learned Magistrate under Sec. 146 Cr.P.C., while rejecting the application 30-kh learned Revisional court has observed that question of maintainability of revision would be decided with the revision petition. Feeling aggrieved by the impugned order passed by Revisional court present petition is filed wherein main ground has been taken that the impugned order is illegal and contrary to the law, as question of maintainability of revision may not be decided at the time of disposal of revision and Revisional court is bound to decide the same at the preliminary stage.

(3.) In application 30-kh, applicant, who is petitioner before this court, has stated that impugned order passed by learned Executive Magistrate on 20/7/2022 in the case under Sec. 146 Cr.P.C. was an interlocutory order against which revision is not maintainable.