R K VOL GOLDSTAIN Vs. STANLEY HAQUE

JUDGEMENT

(1.) THE learned Judicial Magistrate First Class, simla has framed charge against both the petitioners for the offence under S, 454, and the same Section read with Section 109, I. P. C. The respondent No. 1 Shri Stanley Haque, who is officiating Chairman of the Board of Governors of the Bishop Cotton School, filed a private complaint against the present petitioners and one other for the offences under Sections 454 and 448 I. P. C. On this complaint, the learned Magistrate issued summons under Section 448 I. P. C. Thereafter, evidence offered by the complainant was recorded and ultimately after hearing the learned Advocates of the parties the learned Magistrate has framed charge against these two petitioners, as stated above, on 1st March 1975 and discharged th original accused No. 2.

(2.) BEING aggrieved by this order of the learned Magistrate, the present petitioners, against whom the charge has been framed, have approached this Court in this revision.

(3.) IT appears that on 5-9-1975 this matter came up before a learned single judge of this Court, and at the time of hearing before him a preliminary objection was raised to the effect that the order of the learned Magistrate framing charge against the petitioners being an interlocutory order no revision application was permissible under Subsection (2) of Section 397 of the Cr. P. C. The learned single Judge, finding that there was a decision of this Court given by a learned single Judge on this question which requires to be reconsidered, has referred this matter to the Division Bench. This is how this matter comes before this Bench.