TMI Blog1999 (2) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... udicial Magistrate, First Class, Amravati dated 16.8.91, issuing process was only an interlocutory order and was not amenable to the jurisdiction of the Sessions Judge under Section 397 of the Cr.P.C. and therefore, the Sessions Judge committed error in interfering with the said order of the Magistrate, directing issuance of process. The High Court however also observed that it would be open for the Judicial Magistrate to recall the order of issuing process, if satisfied, in accordance with the Judgment of this Court in K.M. Mathew v. State of Kerala : 1992CriLJ3779 . 2. On the basis of a complaint, filed by the Respondent No. 1 alleging inter alia that the accused persons made a false complaint to the Treasury Officer, Amravati, contain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he CrPC. The High Court came to the conclusion that the order directing issuance of process being an interlocutory order, the Sessions Judge has no jurisdiction under Section 397 to interfere with the same and accordingly set aside the order of the learned Sessions Judge. 3. Mr. Lalit, learned Counsel, appearing for the appellants submitted that the order of the Magistrate, directing issuance of process cannot be held to be an interlocutory order not amenable to the revisional jurisdiction under Section 397 of the CrPC. He further contended that when the allegations in the complaint read with the report of the Treasury Officer obtained from him pursuant to an inquiry made under Sub-section (1) of Section 202, clearly bring out the case u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. The very object of conferring revisional jurisdiction upon the superior criminal courts is to correct miscarriage of justice arising from misconception of law or irregularity of procedure. 6. Discretion in the exercise of revisional jurisdiction should, therefore, be exercised within the four corners of Section 397, whenever there has been miscarriage of justice in whatever manner. Under Sub-section (2) of Section 397, there is a prohibition to exercise revisional jurisdiction against any interlocutory order so that inquiry or trial may proceed without any delay. But the expression interlocutory order has not been defined in the Code. In Amor Nath and Ors. v. State of Haryana : 1977CriLJ1891 , this Court has held that the expression ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had no jurisdiction to interfere with the order in view of the bar under Sub-section (2) of Section 397 of the Code. 8. The next question that arises for consideration is whether reading the complaint and the report of the Treasury Officer which was obtained pursuant to the Order of the Magistrate under Sub-section (1) of Section 201 can it be said that a prima facie case exist for trial or exception 8 to Section 400 clearly applies and consequently in such a case, calling upon the accused to face trial would be a travesty of justice. The gravamen of the allegations in the complaint petition is that the accused persons made a complaint to the Treasury Officer, Amravali, containing false imputations to the effect that the complainant had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt complaint and nothing more, would be covered by exception 8 to Section 499 of the Indian Penal Code. By perusing the allegations made in the complaint petition, we are also satisfied that no case of defamation has been made out. In this view of the matter, requiring the accused persons to face trial or even to approach the Magistrate afresh for reconsideration of the question of issuance of process would not be in the interest of justice. On the other hand in our considered opinion this is a fit case for quashing the order of issuance of process and the proceedings itself. We, therefore, set aside the impugned order of the High Court and confirm the order of the learned Sessions Judge and quash the criminal proceeding itself. This appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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