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Judgment
9 paragraphs · 232 wordsM.C. Jain, J.—List has been revised. None appeared for the revisionist.
Through this revision the revisionist has challenged the orders, dated 6101994, 20101994, 3111994, 15111994 and 29111994 passed by the Chief Judicial Magistrate, Bulandshahar in Case No. 3538 of 1994 arising out of Case Crime No. 170 of 1994 under Section 302, I.P.C. Police Station Sikanderabad, District Bulandshahar. These orders relate to the remand of the revisionist to jail custody. Their validity has been challenged by means of this revision.
Learned Single Judge on 1051995 referred the following question to a Division Bench:
"Whether an order of remand would be subjectmatter of a revision under Section 397/401, Cr.P.C. or not"?
A Division Bench consisting of Hon''ble Girdhar Malaviya and Hon''ble G.P. Mathur, JJ. was nominated to answer the question. The question has been answered by said Division Bench in connected Criminal Revision No. 190/95 in the following way:
"An order granting remand is a purely interlocutory order and no revision would lie against such an order in view of the bar created by subsection (2) of Section 397, Cr. P.C."
In view of the above answer, this revision is not maintainable and is hereby dismissed.
Learned A.G.A. is present on behalf of Opposite Parties at the time of the passing of this order, though none is present for the revisionist, as mentioned in the beginning.
Revision dismissed.