AI Overview...
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Maintainability of Revision against Rejection of Applications
Revisions against orders rejecting applications under Section 156(3) Cr.P.C. are generally maintainable, especially when such orders are considered interlocutory but do not fall under specific statutory bars. Several cases affirm that a revision can be filed against rejection of FIR registration or discharge applications if the order is not explicitly barred. For instance, the order rejecting an application for FIR registration was held revisable as it was within jurisdiction and did not involve an interlocutory bar Vinod Kumar VS State of U. P. - Allahabad. Similarly, the rejection of a discharge application by the trial court, challenged before the Sessions Court, was deemed maintainable SRI. LOKESH KUMAR GOYAL vs THE STATE OF KARNATAKA - Karnataka. -
Interlocutory Orders and Statutory Bars
Revisions against interlocutory orders, such as those under Section 311 Cr.P.C. (e.g., rejecting witness recall), are generally barred unless explicitly permitted. The legal principle is that Section 397(2) Cr.P.C. restricts revision against certain interlocutory orders, but this restriction is not absolute. When the order affects substantive rights or is illegal, revision may still be maintained Surendra Kumar VS State of Rajasthan - Rajasthan, Kant Mishra VS State of U. P. , Thru. District Government Counsel (Crl. ) - Allahabad. -
Specific Cases of Maintainability
- Orders under Section 156(3) for investigation are revisable since they are not explicitly barred Bajrang s/o. Vitthalrao Sangnwar VS State of Maharashtra - Bombay.
- Rejection of applications under Sections 195(1)(b)(ii), 211, or related to offences under IPC and other statutes can be challenged via revision if the order is considered illegal or perverse Manjalt @ Mahendra VS State of M. P. - Madhya Pradesh.
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Orders rejecting applications under Section 227 or for discharge are revisable, particularly when such orders are found to be illegal or contrary to legal principles Sudesh Kumar Rai, S/o. Late Jugal Kishore Rai VS State of Chhattisgarh - Chhattisgarh.
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Legal Principles and Judicial View
Courts have consistently held that orders affecting substantive rights, even if interlocutory, are revisable unless explicitly barred by statute. The Apex Court and High Courts have emphasized that the maintainability of revision depends on whether the order is final or interlocutory and whether statutory provisions prohibit such revision.
Analysis and Conclusion
Revision against an order rejecting an application under Section 468 Cr.P.C. (which pertains to quashing or dismissing proceedings) is generally maintainable, provided the order is not explicitly barred by law. The key considerations include whether the order is interlocutory and whether statutory provisions restrict revisional jurisdiction. Courts have upheld that orders rejecting applications (such as FIR registration, discharge, or investigation orders) are revisable unless specifically excluded, making the revision remedy available and effective in challenging such orders.
References:
- Vinod Kumar VS State of U. P. - Allahabad, SRI. LOKESH KUMAR GOYAL vs THE STATE OF KARNATAKA - Karnataka, Surendra Kumar VS State of Rajasthan - Rajasthan, Bajrang s/o. Vitthalrao Sangnwar VS State of Maharashtra - Bombay, Kant Mishra VS State of U. P. , Thru. District Government Counsel (Crl. ) - Allahabad, Manjalt @ Mahendra VS State of M. P. - Madhya Pradesh, Sudesh Kumar Rai, S/o. Late Jugal Kishore Rai VS State of Chhattisgarh - Chhattisgarh, CENTRAL BUREAU OF INVESTIGATION VS STATE - Gujarat, Parmar Rameshchandra Ganpatray VS State of Gujarat - Gujarat, State of West Bengal VS Kumod Ranjan Chatterjee - Calcutta
Search Results for "Criminal Revision against Order Rejecting Application U s 468 Crpc is Maintainable"
2023 0 Supreme(All) 2141 • India - Allahabad
NALIN KUMAR SRIVASTAVA
(A) Criminal Procedure Code, 1973 - Section 156(3) - Revision against rejection of application for FIR registration - Revisionist ... (Paras 1, 29) ... ... Ratio Decidendi: The revision was found impermissible as the application ... was made within jurisdiction; hence, revision dismissed. ... The learned State counsel and learned counsel for opposite party No. 2 have made it a point of assailment that since the order rejecting an applicat....
2025 Supreme(Online)(Kar) 19381 • India - Karnataka High Court
MS. JUSTICE J.M.KHAZI, J
Code of Criminal Procedure to quash the order passed by the trial Court rejecting his prayer for discharge and Sessions Court rejecting the Revision Petition filed by him on the ground of maintainability. He has sought for remand. 2. ... When the trial Court rejected the application filed by the petitioner for discharge, the same was challenged before the Sessions Court, the Revision Petition is perfectly maintainable before the Sessions Court and it....
2001 0 Supreme(Raj) 542 • India - Rajasthan
B.J.SHETHNA
399(3) Cr.P.C. provide specific bars on revision against interlocutory orders and second revision Fact of ... based on maintainability and interlocutory nature of the order Ratio Decidendi: Specific bars of revision ... INTERLOCUTORY - Section 311 Cr.P.C. - Rejected application for recalling witnesses - Section 397(2) and Section ... Thus, this is a settled legal position that such an-order rejecting application un....
2013 0 Supreme(Bom) 924 • India - Bombay
T.V.NALAWADE
investigation, is maintainable. ... ... Revision, against order passed under Section 156(3) of Code for ... CRIMINAL PROCEDURE CODE, 1973 - Section 156(3) - Order of Investigation under. ... Revision is filed to challenge the judgment and order of Sessions Court, Nanded, delivered in Criminal Revision No. 110 of 2012. This revision was filed by the respondent No.2 against the order made by Judici....
2020 0 Supreme(All) 1421 • India - Allahabad
ALOK MATHUR
and therefore against rejection of an application under Section 311 Cr.P.C., a revision was not maintainable and therefore learned ... is not maintainable inasmuch as under Section 397 of Cr.P.C. a revision is not maintainable against an interlocutory order, and ... order of trial court passed in exercise of power vested under Section 311 of Cr.P.C. rejecting applicatio....
2006 0 Supreme(MP) 724 • India - Madhya Pradesh
A.K.GOHIL
Court has also rightly rejected the revision. ... (1) Criminal P.C., 1973 -- Ss. 195(1)(b)(ii) and 340 -- offences under Ss. 205, 419, 467, 468, 471 and 120B, IPC registered by police ... is not attracted and the trial Court has rightly dismissed the application of the petitioner under section 195, CrPC and the revisional ... This petition under section 482 CrPC being the second revision by the same party is also not maintainable as there is no provi....
2021 0 Supreme(Chh) 175 • India - Chhattisgarh
RAJENDRA CHANDRA SINGH SAMANT
Trial - Fraud and cheating - Applicants filed an application under Section 227 of Cr.P.C. stating that they have been falsely implicated ... petition is maintainable - Held, Evidence in the charge-sheet shows that these applicants were entrusted with responsibility to ... and 413 - Essential Commodities Act, 1955 and Section 66 (c) and 66 (d) of the Information Technology Act - Section 3 (1), 7 - Criminal ... This criminal revision has been brought challenging the legality, propriety a....
2001 0 Supreme(Guj) 245 • India - Gujarat
S.K.KESHOTE
of this order — Challenged — Held, revision maintainable — Impugned order being illegal, set aside — Being contrary to Apex Courts ... CBI to investigate in offence and to complete investigation upto 30.6.2001 — Special Judge rejecting application of CBI for withdrawal ... , 468, 471, 471(a) & 211 — Prevention of Corruption Act, 1947 (Central Act 2 of 1947) — Secs. 13(1)(3) & 13(2) — Special Judge directing ... I. that against the order of the Chief ....
2016 0 Supreme(Guj) 2150 • India - Gujarat
J.B.PARDIWALA
Such an order is amenable to the remedy of a criminal revision under Sections 397 read with 401 of the Cr.P.C. – Application for ... At the same time, an order of the Magistrate rejecting an application under Section 156(3) of the Code for the registration of a ... 156(3) of the Code of Criminal Procedure, 1973 is an “interlocutory order” and the revision under Section 397 read with Section ... Ac....
1999 0 Supreme(Cal) 503 • India - Calcutta
GITESH RANJAN BHATTACHARJEE, MALAY KUMAR BASU
The court further held that the Special Judge in Special Case No. 6/97 passed the correct order in rejecting the application of the ... Whether the Special Judge in Special Case No. 6/97 erred in rejecting the application of the accused persons for discharge. ... A successor Judge cannot sit in appeal or in revision over an order passed in the same matter by his predecessor Judge. 2. ... In Special Case No. 6/97, however, the learned Special Judge on consideration of ....
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