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Checking relevance for Haryana Land Reclamation And Development Corporation LTD. VS State Of Haryana...

Haryana Land Reclamation And Development Corporation LTD. VS State Of Haryana - 1990 0 Supreme(SC) 312 : In criminal proceedings, an interlocutory order is one of a purely interim or temporary nature – i.e., an order other than a final decision – that does not decide or substantially affect the rights or liabilities of the parties. Orders that decide important rights or liabilities of the accused (e.g., a discharge order) are not considered interlocutory.Checking relevance for Girish Kumar Suneja VS C. B. I. ...

Girish Kumar Suneja VS C. B. I. - 2017 5 Supreme 466 : Under Section 397 of the Code of Criminal Procedure, interlocutory orders are those that are neither final nor intermediate. They are orders passed during the pendency of a criminal proceeding that do not terminate the trial. The Supreme Court has identified typical interlocutory orders as: (i) an order taking cognizance of an offence and summoning the accused; and (ii) an order for framing charges. Such orders are not subject to revision jurisdiction under s.397(2) and can be challenged only in limited circumstances.Checking relevance for M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das...

M. Siddiq (D) Thr. Lrs. VS Mahant Suresh Das - 2019 8 Supreme 1 : In criminal proceedings, an order issued by an Executive Magistrate under Sections 145/146 of the Criminal Procedure Code (a summary enquiry) is classified as an interlocutory order. Such orders, as well as interim orders (e.g., ad‑interim injunctions) made by the court, are considered interlocutory because they are made at the interlocutory stage before the final adjudication of rights.Checking relevance for M. P. Peter VS State of Kerala...

M. P. Peter VS State of Kerala - 2009 0 Supreme(SC) 1058 : Orders passed by an Executive Magistrate under Sections 145 and 146 of the Code of Criminal Procedure are considered interlocutory orders in criminal cases. Such orders are respected at the interlocutory stage and can be altered only if they are shown to be without jurisdiction, palpably wrong, or self‑inconsistent.Checking relevance for Achint Navinbhai Patel Alias Mahesh Shah: Bipin Shantilal Panchal VS State Of Gujarat...

Checking relevance for Amar Nath VS State Of Haryana...

Amar Nath VS State Of Haryana - 1977 0 Supreme(SC) 249 : In criminal proceedings, an interlocutory order is one of a purely interim or temporary nature that does not decide the substantive rights or liabilities of the parties. Such orders include: summoning witnesses, adjourning the case, granting bail, calling for reports, fixing dates of hearing, issuing commissions for examination of witnesses, and other procedural steps that assist the pending proceeding. Orders that substantially affect the accused’s rights—such as ordering the accused to stand trial—are not considered interlocutory.

Explanation of Interlocutory Order

Interlocutory Order - Main Points and Insights

• An interlocutory order is a temporary or interim order issued by a court during the pendency of a case, which does not finally determine the rights of the parties but governs procedural aspects or certain interim reliefs. For example, in ["Stephen De Silva VS State of Rajasthan - Rajasthan"], it is noted that whether an order is interlocutory or not, cannot be decided by merely looking at the order or merely because the order was passed at the interlocutory stage, emphasizing that the nature of the order depends on its substance and purpose, not just timing.

• Interlocutory orders are often subject to specific procedural rules and are generally not appealable unless expressly provided by law. For instance, in ["Metro Motors VS Aashirwad Sharma - Consumer"], the court states, The order for summoning witnesses is an interlocutory order and cannot be interfered with in revision petition, indicating such orders are typically not final and are subject to modification during ongoing proceedings.

• Many references highlight that interlocutory orders are issued during different stages of litigation to facilitate the progress of the case, such as numbering applications, directing evidence, or summoning witnesses, and are not considered final judgments. For example, in ["Rajesh Singh Bhandari VS State of Uttarakhand - Uttarakhand"], the court discusses the proper handling of an interlocutory application in a civil case, noting that the case is at the stage of evidence and the trial must be completed within a specified period.

Analysis and Conclusion

• An interlocutory order is essentially a procedural or interim order made during the course of litigation, which does not resolve the main issues but ensures the smooth progression of the case. Its primary purpose is to address procedural necessities like summoning witnesses, directing parties to file documents, or managing case timelines.

• The legal significance of an interlocutory order lies in its temporary nature; it can generally be challenged only under specific circumstances and is often not final or appealable unless it results in a final order or judgment.

• Understanding whether an order is interlocutory depends on its content and purpose rather than the stage of proceedings. As highlighted in ["Stephen De Silva VS State of Rajasthan - Rajasthan"], the order of the Additional District Magistrate... was not a final order and it was an interlocutory order, reaffirming that the classification depends on the order's function.

• In summary, interlocutory orders are vital tools in judicial proceedings to manage and expedite cases but do not determine the ultimate rights of the parties unless they culminate in a final judgment.

References:

• ["Stephen De Silva VS State of Rajasthan - Rajasthan"]: Discusses criteria for identifying interlocutory orders and their non-final nature.
• ["Metro Motors VS Aashirwad Sharma - Consumer"]: Highlights that summoning witnesses is an interlocutory order and generally cannot be interfered with in revision.
• ["Rajesh Singh Bhandari VS State of Uttarakhand - Uttarakhand"]: Details procedural handling of interlocutory applications and the importance of timely case management.
• ["M/S ASHA ROLLING MILL : THROUGH ITS PARTNER SONIA SINGHAL WORKS AT HARIJAN INDUSTRIAL ESTATE, MEERUT ROAD , DISTRICT: MUZAFFARNAGAR ,MUZAFFARNAGAR , UTTAR PRADESH vs THE AUTHORIZED OFFICER/CHIEF MANAGER BANK OF BARODA : THE AUTHORIZED OFFICER/CHIEF MANAGER LIC BUILDING, 157, ANSARI ROAD ,MUZAFFARNAGAR , UTTAR PRADESH - Supreme Court"]: Mentions that certain orders passed during ongoing proceedings are interlocutory and subject to specific rules.