PREM BAKSHI Vs. DHARAM DEV

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High Court of Punjab and Haryana at Chandigarh. Shortly put, the facts are as follows :-

(2.) The short question for determination is whether the impugned order was revisable by the High Court by exercising powers under Section 115, Cr.P.C. The said section runs as follows :-

(3.) The proviso to sub-sections (1) and (2) with explanation was added by the amending Act of 1976. By this amendment the power of the High Court was curtailed, the intention of the legislature being that High Court should not interfere with each and every interlocutory order passed by the trial Court so that the trial of a suit could proceed speedily and that only the interlocutory order coming under clause (a) or (b) of the proviso would be entertained by the High Court .