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2022 Supreme(MP) 943

ATUL SREEDHARAN
Dadhibal Prasad Jaiswal – Appellant
Versus
Sunita Jaiswal – Respondent


Advocates Appeared:
Shri Shiv Kumar Dubey, Advocate, for the Appellant, Shri V.K.Jain, Advocate, for the Respondent.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The court examined whether revisions against interlocutory orders are maintainable under the relevant law. It concluded that orders related to applications under Sections 91 and 311 of the Cr.P.C. are interlocutory in nature and therefore not subject to revision, as per established legal principles [Paras 2, 7, 9].

  2. The court emphasized the importance of raising jurisdictional issues at the appropriate stage. It noted that the revision petition did not raise or address the jurisdictional point regarding the bar on revising interlocutory orders, which is a procedural requirement [Paras 6, 8, 10].

  3. The court found that the order under challenge was interlocutory because it did not finally dispose of the application but rather disposed of a procedural aspect, and therefore, the revision was barred under the relevant legal provisions [Paras 6, 9, 10].

  4. The court observed that even if an application is finally disposed of, it does not necessarily lose its interlocutory character unless it results in the termination of the proceedings or affects a substantive right in a final manner [Paras 9, 10].

  5. The court clarified that a party aggrieved by an interlocutory order should have availed of appropriate remedies available under law, but the failure to do so does not render the order revisable if it is interlocutory [Paras 10].

  6. Ultimately, the court quashed the impugned order, reaffirming that orders of a procedural or interlocutory nature are generally not revisable and that jurisdictional points should be raised promptly to preserve legal rights [Para 11].

  7. The court highlighted that raising legal objections regarding jurisdiction at the proper time is essential for maintaining judicial discipline and adherence to precedents [Paras 6, 8].

  8. The decision underscores that procedural orders, even if final in some aspects, do not lose their interlocutory character unless they fundamentally alter or conclude the proceedings, and such orders are protected from revision under the law [Paras 9, 10].

  9. The petitioner was granted relief, and the order under challenge was set aside, while the respondent was advised to pursue other legal remedies if aggrieved [Para 11].

  10. The case reinforces the principle that procedural and interlocutory orders are generally immune from revision unless specifically provided otherwise by law, and raising jurisdictional issues timely is crucial for their consideration [Paras 6, 8, 9].

Please let me know if you need further analysis or specific legal advice related to this document.


ORDER

1. The present petition has been filed by the petitioners herein who are aggrieved by the order dated 21.3.2014 passed by the Court of the learned 10 Additional Sessions Judge, Jabalpur in Criminal Revision No.249/2013, by which the revision filed by the respondent herein was illegally allowed and set aside the order dated 8.4.2013 of the learned JMFC Jabalpur passed in MJC No.4/2011.

2. The case of the petitioners is that the petitioner no.1 is the husband and the petitioner no.2 is the father-in-law of the respondent. The respondent filed a case under the Domestic Violence Act against the petitioners. In the said case, she moved an application asking the learned Trial Court to call for the record of a "missing person's case" being case no.20/2010, which was registered at Police Station Belbag, Jabalpur relating to the alleged elopement of the petitioner no.1 with another lady. In that case the father of the lady had filed the aforementioned missing person's report, in which the petitioner and the lady alleged to have appeared before the Police and handed over certain documents. Admittedly, the details relating to the said documents are not given in the application. The learne

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