SULTAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) NOTICE was served on the respondent No. 2 on 26. 5. 2005 and 27. 5. 2005, power was filed on behalf of the respondent No. 2 by Mr. Dhirendra Singh and, thereafter the matter was adjourned on four occasions. Today, Mr. Dhirendra Singh Rathore submits that he has no instruction to plead and argue the case for respondent No. 2.

(2.) THIS criminal revision under Section 307/401 of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the order dated 22. 2. 2005 passed by the Additional Sessions Judge, Bali, District Pali (for short, "the Revisional Court" hereinafter) in Criminal Revision No. 37/1999, whereby the revision petition filed by the respondent No. 2 against the order dated 29. 6. 1999 passed by the Assistant Collector-cum-Executive Magistrate, Desuri (for short, "the Executive Magistrate" hereinafter), was set aside and the proceedings initiated by the Executive Magistrate against the respondent No. 2 under Section 145 and 146 of the Code have been quashed. Aggrieved by the order impugned, the petitioner has filed the instant revision.

(3.) IN Adalat Prasad vs. Rooplal Jindal (JT 2004 (7) SC 243), the Hon'ble Supreme Court held that issuing the process is an interlocutory order and no revision lies against such an order.