Maintainability of Revision Against Order Rejecting Application Under Section 91 Cr.P.C.

Key Legal Principles

1. Interlocutory Nature of Orders:

2. The order rejecting an application under Section 91 of the Code of Criminal Procedure (Cr.P.C.) is classified as an interlocutory order. This classification is significant because it determines the maintainability of a revision petition against such orders.

3. Prohibition Under Section 397(2) Cr.P.C.:

4. Section 397(2) of the Cr.P.C. explicitly bars revisions against interlocutory orders. The Supreme Court in Sethuraman v. Rajamanickam has established that orders rejecting applications under Section 91 Cr.P.C. do not decide any matter finally and are therefore not subject to revision Hemraj Nama VS M/s. Goyal General Store. - RajasthanState of Sikkim VS Prem Singh Tamang - Sikkim.

Relevant Case Law

• Sethuraman v. Rajamanickam:

• The Supreme Court held that both the order rejecting the application under Section 91 Cr.P.C. and the order under Section 311 Cr.P.C. were interlocutory in nature. Consequently, the revision against these orders was deemed not maintainable under Section 397(2) Cr.P.C. Hemraj Nama VS M/s. Goyal General Store. - RajasthanState of Sikkim VS Prem Singh Tamang - Sikkim.

• Additional Support:

• Similar conclusions have been drawn in other cases, reinforcing the view that revisions against interlocutory orders, including those under Section 91, are not maintainable Rajesh Maheshwari VS The State Of Rajasthan - RajasthanB. K. Tiwari VS State of U. P. - Allahabad.

Conclusion

• Final Determination:

• Based on the prevailing legal principles and case law, it is clear that a revision petition against an order rejecting an application under Section 91 Cr.P.C. is not maintainable due to the interlocutory nature of such orders as per Section 397(2) Cr.P.C.

• Recommendation:

• If the client seeks to challenge the order, alternative remedies such as filing an application under Section 482 Cr.P.C. may be considered, as this section allows for the quashing of orders that may cause injustice, although it is not a direct revision State of Sikkim VS Prem Singh Tamang - Sikkim.

References

• Hemraj Nama VS M/s. Goyal General Store. - Rajasthan
• Rajesh Maheshwari VS The State Of Rajasthan - Rajasthan
• State of Sikkim VS Prem Singh Tamang - Sikkim
• B. K. Tiwari VS State of U. P. - Allahabad]