K R R NAIR Vs. STATE

JUDGEMENT

(1.) THE petitioner is working as Chief Fire Officer under the Administration. He was implicated in a criminal case. He approached the Chief Judicial magistrate with a prayer that the case should not be proceeded with as the charges were so vague it would lead to an obvfous result of acquittal. Learned chief Judicial Magistrate rejected his prayer. He filed a revisional application before learned Sessions Judge where he was unsuccessful. He filed ah application before this Court inter alia challenging the order of the Chief Judicial magistrate so merged in the order of learned Sessions Judge.

(2.) " In course of hearing, Mr. Mandal appearing for the prosecution raised a point of maintainability as according to him, in view of Section 399 of the Code of Criminal Procedure once revisional application was rejected by learned Sessions Judge High Court was not entitled to interfere with the same.

(3.) ON such plea being taken, the petitioner withdrew his application with liberty to take appropriate steps. Such leave was granted.