NANAK PARTAP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) A complaint Under Section 406, I. P. C. and Section 6 of the Dowery Prohibition Act was instituted against the petitioners in the Court of the additional Chief Judicial Magistrate, Amritsar. By the impugned order the Magistrate summoned the petitioners. The order being interlocutory, no revision lies against it. The petitioners have moved this Court Under Section 482 of the Cr. P. C. The question for determination is as to the invoking of the inherent powers.

(2.) SECTION 397 (1) of the Code lays down that the High Court or the Sessions Judge may call for and examine the re-cords of any proceeding before any inferior Criminal Court for the purpose of satisfying itself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court. Sub-section (3) provides that if an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. Sub-section (2) of Section 397 is in the following terms : - The powers of revision conferred by Sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceedings.

(3.) IN Budaraju Seshagiri Rao v. T. V. Sarma, 1976 Cri LJ 902 (Andh Pra), O. Chinnappa Reddy, observed :-