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2019 (10) TMI 1579 - HC - Indian LawsMaintainability of petition - permission to an accused to intervene during the enquiry - HELD THAT:- Law on the point of intervention by the prospective accused at pre-summoning stage in a complaint case before Ld. MM is well settled by series of the judgment of the Hon'ble Supreme Court - Perusal of the judgment in Chandra Deo Singh v. Prokash Chandra [1963 (1) TMI 50 - SUPREME COURT] reveals that Hon'ble Supreme Court has categorically held that permitting an accused to intervene during the enquiry would frustrate its very object and that is why the legislature has made no specific provision to this effect. The order passed by the Ld. MM on 01.08.2019 is clearly an interlocutory order as she has not decided the application under Section 340 CrPC moved by the respondent finally but only adjourned the same and observed that by moving such application, the respondent i.e. prospective accused cannot stall the proceedings in the main complaint case and, therefore, no revision lies against the said order to the Ld. Sessions Judge. Ld. Addl. Sessions Judge has, therefore, wrongly entertained the revision petition and stayed the proceedings of the criminal complaint. The order dated 25.09.2019 passed by the Ld. Addl. Sessions Judge, is therefore, set aside and proceedings pending before the Ld. Addl. Sessions Judge are quashed being not in accordance with law. Petition disposed off.
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