ASHISH KUMAR LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned Counsel for the Petitioner, learned Counsel for the State and learned Counsel appearing on behalf of opposite party No. 2, the complainant.

(2.) PETITIONER has challenged the order dated 20th February, 2002 passed in Complaint case No. 1089(C)/2001 by Judicial magistrate, Patna whereby Petitioner 'slowyer for appearance through his lawyer as per Section 205 of the Code of Criminal Procedure has been rejected.

(3.) ON behalf of opposite party No. 2 it was submitted that a criminal revision application is not maintainable because the interim order is interlocutory in nature. To substantiate this objection reliance has been placed upon a judgment of Kerala High Court in the case of M.N. Dinesa V/s. K. V. Devi 1981 CLJ 1551. On the other hand learned Counsel for the Petitioner has placed reliance upon an observation of the Apex Court in the case. Rajendra Kumar Sitaram Pande V/s. Uttam, 1999 (3) SCC 134.