FATEH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) N. B. Asthana, J. This revision has been directed against the summoning order dated 11-1-93 passed by C. J. M. , Chamoli in Criminal Case No. 554 of 1992 under Section 406/420,i. P. C. A preliminary objection was taken, that in view of the law as laid down in Kailash Chaudhari and others vs. State of U. P. and another, 1994 All. L. J. 174 the revision against the summoning order is not, Maintainable. In that case it was held that An order issuing process on ex. parte consideration of the complaint and the material under Section 204 of the Code being only a step towards trial is an inter locutory order. Under Section 397 (2), Cr. P. C. no Revision lies against an inter locutory order.

(2.) IT was, however, urged that in view of the law as laid down by the Supreme Court in Amar Nath's case reported in AIR 1977 S. C. 2185 and Madhu Limaye's case reported in AIR 1978 S. C. 47 the revision - against the summoning order is main tainable.