BINDBASNI Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision is directed against the order dated 31st October, 1975 passed by the Sessions Judge, Basti whereby he dismissed a revision filed by the revisionist against the order dated 11th April 1975 passed by the Subdivisional Magistrate, Basti, under Section 107/111, Cr. P. C. (new ). Through that order the learned Magistrate expressed his satisfaction to the effect that there was apprehension of breach of peace on behalf of the revisionist and he directed a notice to be issued to the revisionist to show cause as to why should they not be bound down.

(2.) THIS revision was admitted by Hon'ble H. N. Kapoor, J. on 22nd December, 1975. The learned Judge was doubtful about the maintainability of this revision because in his opinion the impugned order passed by the Magistrate was an 'interlocutory order' as contemplated by Section 397 (2), Cr. P. C, (New) whereby no court of revision could interfere with it. A Single Judge decision of this Court in Trijugi Narain Shukla v. State (1975) 1 All LR 627 was cited before him wherein it was held that an order passed by a Magistrate under Section 107/111, Cr. P. C. (new) was not an 'interlocutory order'. In view of that decision Hon'ble Kapoor J. , was of the view that an authoritative pronouncement by a larger Bench should be given on the point. In this way the present revision has come before us for disposal.

(3.) A bare reading of this section would indicate that under Sub-section (1) the High Court or the Sessions Judge can call for and examine the record of any proceedings pending before any inferior criminal court situate within its or hie local jurisdiction in order to satisfy itself or himself as to correctness etc. of the finding, sentence or order passed by the said court and as to the regularity of the proceedings held by that court. Sub-section (2) however, bars the exercise of that jurisdiction with respect to an interlocutory order. This sub-section has been introduced in pursuance of the scheme for minimising delay in the disposal of cases. This intention of the Legislature is evident from the objects and reasons of the new Code. The relevant portion thereof is as follows: