LAWS(MPH)-1989-11-1

KESHAVPRASAD BHATT Vs. RAMESCHANDRA

Decided On November 16, 1989
KESHAVPRASAD BHATT Appellant
V/S
RAMESCHANDRA Respondents

JUDGEMENT

(1.) ON a reference made by one of us sitting singly the following question has arisen for the decision of this Bench:-

(2.) THE occasion for this reference is provided by conflicting views of two judges of this Court on the question aforesaid. In Gajadhar v. Harbanshlal Awasthy, short noted in 1978 Cri LJ (Madh Pra) 324 at P. 341, the view taken was that an order passed under Section 146 (1), Cr. P. C. was an order of interlocutory nature and it was observed as follows :-

(3.) THE other view was expressed in Suresh Chandra v. Sitabai, 1983 M. P. LJ 119, in following terms :-