RAKESH MOHAN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. I have heard learned Counsel for the revisionist and the learned AGA as well as learned Counsel for the opposite parties.

(2.) THE revisionist is aggrieved by an order dated 25-9-2006 passed by Additional Sessions Judge, Court No. 11, Ghaziabad in Criminal Revision No. 247 of 2006, Rajeev Mohan Sharma and Ors. v. Rakesh Mohan Sharma, by which the lower revisional Court has set aside the order of registration of FIR passed by A. C. J. M. , Court No. 1, Ghaziabad in Misc. Application No. 326 of 2006 filed by the present revisionist vide its order dated 2-6-2006.

(3.) IN view the law laid down by the Apex Court, the impugned order under Section 156 (3) Cr. P. C. was an interlocutory order and, therefore, the Sessions Judge, Ghaziabad was powerless to entertain the revision filed at the instance of the proposed accused. The said revision was barred by Section 397 (2) Cr. P. C. and therefore, Additional Sessions Judge, Court No. 11, Ghaziabad could not have allowed the same.