BADRI DAS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) BADRI Das has come up in revision to this Court against an order of the Sessions Judge, Partabgath, dated 28th January, 1975, by which he was ordered to be committed to the Court of Session for trial under Section 304, IPC.

(2.) THE incident that led to the arrest and prosecution of Badri Das petitioner may be shortly described as followed:

(3.) I have given my anxious consideration to the rival contentions. It is undoubtedly true that Section 439 of the old Code empowered this Court to revise interlocutory orders also, although powers of revision in such cases were sparingly exercised with great care and caution. After coming into force of the new Code of Criminal Procedure, the powers of revision against orders of interlocutory nature were taken away as is evident from the provisions contained in Sub -section (2) of Section 397, which read as follows: