JOY CHANDRA BORKOTOKI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS is an application under Section 401 of the Criminal Procedure Code, 1973 (hereinafter called the 'new Code') and is directed against an order passed by the Sessions Judge at Jorhat in Criminal Motion No. 13 (3)/74.

(2.) AT the outset, Shri C, R. De, learned Counsel appearing for the State of Assam, raised a preliminary objection. His submission is that against the same impugned order of the Magistrate, the petitioner made an application before the Sessions Judge in revision and therefore a second application in revision before the High Court is barred in law.

(3.) UNLESS this application is held to be competent, this Court cannot examine the correctness or otherwise of the aforesaid order of the Sessions Judge.