H K RAWAL Vs. NIDHI PRAKASH

JUDGEMENT

(1.) This is an application under S.482, Cr. P.C. praying that the order of the Sessions Judge dated 6-10-1988 in revision and the Summoning order dated 11-8-1986 of the Judicial Magistrate, Meerut as well as the prosecution of the applicants in complaint Case No. 2185 of 1986 be quashed.

(2.) A preliminary objection was raised by the State Counsel before the learned single Judge who heard this application that in view of the decision of the Supreme Court in the case of Rajan Kumar Manchanda v. State of Karnataka, 1988 All Cri C 54 the case of Khem Singh v. Nathoo Ram Sharma 1978 All Cri C 262 did not lay down good law and this application was not maintainable.

(3.) The learned Single Judge accordingly referred the undermentioned two question for consideration by a larger Bench : (1) Whether the law laid down by this Court in Khem Singh v. Nathoo Ram Sharma, 1978 All Cri C 262 is good law, in view of the judgement of the Supreme Court in Raja Kumar Manchanda v. State of Karnataka, 1988 All Cri C 54; and (2) Whether in a case where an application under S.397, Cr. P.C. has been made by any party in the Court of Session and the application is decided against him, it is open to that party to invoke extraordinary jurisdiction of this Court under S.482, Cr. P.C. in any case seek redress against that order, despite the bar created in Sub-Section (3) of S.397 of the said Code.