LIYAKAT HUSSAIN Vs. RAJENDRA

JUDGEMENT

(1.) HEARD the learned Counsel for the parties

(2.) ONE of the contentions raised by the learned Counsel for the applicant in support of the present application under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure is that the order passed by the Judicial Magistrate, First Class, Pulgaon on 11. 5. 94 was an interlocutory order and not amenable to revision under Section 397 Cr. P. C. and, therefore, the 3rd Addi. Sessions Judge, Wardha committed serious error of jurisdiction in allowing the revision application filed by the non-applicant No. 1 herein and setting aside the order passed by the Judicial Magistrate, First Class, Pulgaon on 11. 5. 94.

(3.) OPPOSING the aforesaid submission made by Mr. Gandhi, Mr. A Shelat, the learned Counsel for the non-applicant No. 1 strenuously urged that the non-applicant No. 1 herein was not a party in the proceedings before the Judicial Magistrate, First Class, Pulgaon in which the order dated 11. 5. 94 was passed and, therefore, according to him, the order dated 11. 5. 94 passed by the Judicial Magistrate, F. C. , Pulgaon in Misc. Criminal Application No. 32 of 1994, so far as non-applicant No. 1 was concerned, was final order and, therefore, the criminal revision filed by the non-applicant No. 1 hereinbefore the 3rd Add I. Sessions Judge, Wardha was competent. Mr. A Shelat also submitted that as a matter of fact, the order passed by the judicial Magistrate. First Class was an order under Section 457 Cr. P. C. since the vehicle in question was not produced before the Court and it was not an order under Section 451 Cr. P. C.