MANJOOR AHMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against an order of the learned Sessions Judge, dated 19-12-1977 contained in annexure '3' to the application by which he dismissed a revision application filed against an order of the Magistrate dated 5-12-1977 contained in annexure '1'.

(2.) The relevant facts are these. At the instance of respondent no. 3 police submitted a report to the Sub-divisional Officer, Samastipur for an action under section 107 of the Code of Criminal Procedure (hereinafter referred to as 'the Code,). On receipt of the police report the Sub-divisional Officer, Samastipur started a proceeding under section 107 of the Code against the petitioners. The petitioners were directed to show cause. Respondent no. 3 filed a petition before the learned Magistrate on 29-9-1977 for action under section 116 (3) of the Code against the petitioners. Two witnesses were examined on behalf of respondent no. 3. Thereafter the learned Magistrate passed an order under section 116(3) of the Code on 5-12-1977 directing each of the petitioners to execute a bond of Rs. 1000 for maintaining peace till the disposal of the proceeding. On 7-12-1977 the petitioners filed an application in revision against the order of the Magistrate dated 5-12-1977 before the learned Sessions Judge. That petition was some how described as an appeal and it was admitted as Criminal Appeal No. 644 of 1977 and was fixed for hearing on 5-1-1978. Respondent no. 3 appeared on 17-12-1977 and on the same date the learned Sessions Judge took up the said criminal revision application which had been admitted as criminal appeal for hearing although the date fixed for its hearing was 5-1-1978. The Criminal Appeal No. 644 of 1977 was converted into Criminal Revision No. 115 of 1)77. It was contended on behalf of respondent no. 3, who was opposite party in that criminal revision application, that the order passed under section 116(3) of the Code directing the petitioners to execute ad interim bond was an interlocutory order and section 397(2) of the Code put a ban on the exercise of revisional powers in respect of s ich an order. This contention found favour with the learned Sessions Judge, who, accordingly dismissed the revision application as not maintainable. It is against that order dated 19-12-1977 of the learned Judge that this application has been preferred.

(3.) It is urged on behalf of the petitioners that the learned Sessions Judge has violated the principle of natural justice and his order is contrary to law. Learned counsel appearing on behalf of the respondents subsists that the proper course for the petitioners would have been to file an application in revision against the order of the learned Sessions Judge that this criminal writ application is not maintainable.