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1991 Supreme(J&K) 10

A.M.MIR
State – Appellant
Versus
Mohd. Shafi – Respondent


Advocates Appeared:
Advocate For Appellant: Avtar Singh
Advocate For Respondent: G.R. Asghar

1. This revision petition seeks to revise an order passed by Sessions Judge, Poonch in case titled as State Versus Mohd. Shafi and others on 4th April, 1985. The accused stand trial before the said court in terms of Sections 366.363, 212,342 and 109 of RPC. The trial court by virtue of the impugned order has closed the prosecution evidence Before discussing the merits of the case the impugned order has to cross the hurdle of not being an interlocutory order: because of it being so, the revision would not be maintainable. It is true that this order has been passed at an intermediate stage of the trial but the same cannot be said to be an interlocutory order. This order partly decides the controversy in the case and determines the right of a party. This point came up for consideration in Criminal Reference No. 60 of 1979 reported as S.LJ. 1981 J&K page 276. The Court was of the view that an order which although might be passed at an intermediate stage of the trial will be a final order, if it decides the controversy partly or wholly or finally determines any right of any person. It is recognised view of law that right to produce the evidence is implicit in right to prosecute and in





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