SHANTA KUMAR Vs. VIRBHADRA SINGH

JUDGEMENT

(1.) The Petitioner is facing trial under Section 500 of the Indian Penal Code in the Court of the Chief Judicial Magistrate, Shimla in a private complaint filed by the Respondent. The trial is at the stage of recording evidence of the Respondent. The Petitioner is aggrieved by the order dated 2.8.1997 whereby the order dated 23.4.1997 has been recalled and it has been directed that the application of the Petitioner under Sections 91 and 94 of the Code of Criminal Procedure (hereinafter called "the Code") shall be decided afresh on merits after affording an opportunity of being heard to both the parties. The Petitioner has challenged this order by filing the present Revision petition under Section 397 of the Code.

(2.) By the order dated 23.4.1997, the application under Sections 91 and 94 of the Code of the Petitioner was allowed in the following terms without any notice to the Respondent:

(3.) After hearing the learned Counsel for the parties and going through the record, this Court finds that this Criminal Revision Petition is not maintainable in view of the bar under Sub-section (2) of Section 397 of the Code. Under Sub-section (1) of Section 397 of the Code, the High Court or any Sessions Judge has the powers of revision but subject to the limitations imposed by Sub-section (2) thereof. Sub-section (2) of Section 397 of the Code is: