SHARAD VASANT SAWANT Vs. ASHOK LAXMAN PATEL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) This petition challenges the order dated 1st April, 2010 passed by the Sessions Court allowing Criminal Revision Application preferred by respondent nos. 1 and 2 from the order of issuance of process by the trial court in the proceedings filed under section 406 and 420 read with 34 of I.P.C. There were two contentions raised by the applicant before the Sessions Court in its challenge to the order. Firstly that the Criminal Revision Application before the Sessions Court was not maintainable as the order of issuance of process is interlocutory order and secondly that the order of issuance of process was quite legal and proper.

(3.) Mr. Shinde, the learned counsel for the petitioner submits that the order of issuance of process is a purely interlocutory order. It does not touch the rights and liabilities of parties. Therefore, in view of the specific provision of sec. 397(2) Criminal Procedure Code the revision application to the Sessions Court against such an order was not maintainable and the Sessions Court ought not to have entertained the same. Mr. Shinde relies upon decision of the Apex Court in Subramanian Sethuraman vs. State of Maharashtra and another, 2004 AIR(SC) 4711 in support of his submission. As against this Mr. Walimbe the learned counsel for respondent no. 1 relies upon another decision of the Apex Court in Rajendrakumar Sitaram Pande and Ors. v. Uttam and Anr, 1999 3 SCC 134 to submit that the order directing issuance of process is intermediate or quasifinal order and hence, revisional jurisdiction u/s. 397 can be exercised against the same.