NEMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present petition has been referred to this Bench as the learned Single Judge before whom this case came for decision, felt that the following important question of law is involved in this petition: Whether an order framing charge against the accused persons is an interlocutory order within the meaning of Section 497(2), Cr.PC and if so, in what circumstances?

(2.) THE Superintendent of Police, Special Police Establishment (Central Bureau of Investigation), Jaipur submitted a charge -sheet against the accused petitioner Nemi Chand in the court of Additional Chief Judicial Magistrate (C.B.I. Cases), Jaipur, who after hearing arguments, framed charge against the accused petitioner under Section 420, IPC. Being aggrieved by the order framing charge against the petitioner, the petitioner preferred a revision petition in the court of Sessions Judge, Jaipur District, Jaipur who rejected the same on the ground that no revision petition was maintainable under Section 397(2), Cr.PC as the order framing charge is an interlocutory order. Sessions Judge placed reliance on the decision of this court in P.P. Sharma v. State of Rajasthan 1984 Cr.LR Raj. 397 In this case, the petitioner had preferred miscellaneous petition under Section 482, Cr.PC. When the matter came up before the learned Single Judge, as earlier authority of this court in Bharti Ram and Ors. v. State of Rajasthan 1933 RCC 216 was cited wherein it was observed that revision petition was maintainable inspite of Section 397(2), Cr.PC. Learned Single Judge herself had taken the view that revision petition is maintainable as the order framing charges decides the rights of the parties, in as much as they are to face trial and as there was divergence of view between different Judges of this court, she thought it proper to refer the case to a larger Bench.

(3.) WE have heard learned Counsel for the parties as also other Advocates on the important question of law (quoted above) involved in this petition.