AI Overview...
- Revision Against Interlocutory Orders - Main points and insights:
- Section 397(2) of the CrPC generally bars the exercise of revision against interlocutory orders in criminal proceedings, emphasizing the importance of finality and judicial efficiency MUHAMMED RASSAL vs AAINA MARLIYA - Kerala, Moin VS State Of U. P. - Allahabad.
- However, revision may be permissible against certain interlocutory orders, such as those relating to the rejection of applications or specific procedural issues, if they substantially affect rights or the course of proceedings Arvindbhai V. Patel VS State of Gujarat - Crimes, RAM YASH VS STATE OF U. P. - Allahabad.
- Orders that lead to the termination of proceedings or are of a final nature are often considered revisable; for example, orders accepting or dismissing the entire case are not interlocutory and are open to revision Gurpreet Kaur VS State of Punjab - Punjab and Haryana.
- The maintainability of revision depends on the nature of the order—interlocutory orders are generally not revisable unless they involve substantial rights or are explicitly excluded by law BADAL GOMES VS MARTIN ARINDA - Calcutta, Moin VS State Of U. P. - Allahabad.
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Courts tend to avoid interfering at the interlocutory stage unless there is a clear legal violation or miscarriage of justice, especially in cases involving preliminary or procedural orders Laxminarain Tiwari VS State Of Bihar - Patna.
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Analysis and Conclusion:
- The legal framework, primarily Section 397(2) CrPC, restricts revision against interlocutory orders to prevent unnecessary delays, but exceptions exist based on the order’s impact on substantive rights or finality.
- Orders related to the framing of charges, rejection of applications, or preliminary investigations may be challenged if they significantly prejudice the accused or involve jurisdictional errors.
- The courts adopt a cautious approach, emphasizing the importance of final judgments in allowing revision, while recognizing circumstances where interference at the interlocutory stage is justified to prevent miscarriage of justice Akbar VS State of Kerala - Crimes, PUBLIC PROSECUTOR, HIGH COURT, CALCUTTA VS ABHIJIT BOSE - Calcutta.
- In summary, revision against interlocutory orders is generally barred, but courts retain discretion to entertain revisions in exceptional cases where the order affects substantive rights or involves jurisdictional issues.
Search Results for "Revision against Interlocutory Order Criminal Proceedings"
1996 0 Supreme(Cal) 402 • India - Calcutta
N.K.BHATTACHARYYA
CRIMINAL PROCEDURE CODE, 1973 - SECTION 145 - JURISDICTION OF MAGISTRATE TO DRAW UP PROCEEDINGS - REVISION AGAINST INTERLOCUTORY ... ORDER - MAINTAINABILITY - PARALLEL PROCEEDINGS IN CIVIL SUIT AND CRIMINAL PROCEEDING UNDER SECTION 145 - LEGALITY. ... Parallel proceedings in a civil suit and a criminal proceeding under Section 145 CrPC can go together if the criminal proceeding .....
2008 0 Supreme(P&H) 275 • India - Punjab and Haryana
RAJESH BINDAL
of acceptance of revision is termination of proceedings in its entirety, the same cannot be termed to be interlocutory in nature ... (A) Criminal Law--Summoning order--Revision petition--Revision is competent against the summoning order--Summoning order in the complaint ... (Paras 6 & 7) ... (B) Criminal Law--Interlocutory order--If the result ... The safe test laid down by this....
• India - Crimes
B.J.SHETHNA
in criminal case - Order rejecting application is an interlocutory - No revision is maintainable. ... (i) Criminal Procedure Code, 1973 Section 399(3) - Revision against the order of Magistrate rejected by Sessions Court - Petition ... under Art. 227 of Constitution or second revision would not be maintainable. ... That a part, the request made in this petition as well as before the Sessions Court in Revision Application to stay further pro....
2023 Supreme(Online)(KER) 12956 • India - High Court of Kerala
Ratio Decidendi: Section 397(2) of Cr.P.C. bars revision of interlocutory orders passed in criminal proceedings, including ... MAINTENANCE - INTERIM ORDER - REVISABILITY - Section 397(2) of Cr.P.C. bars revision of interlocutory orders passed in criminal ... Finding of the Court: Revision petition dismissed as the impugned order is an interlocutory order and not revisable ... ....
• India - Crimes
P.S.GOPINATHAN
criminal proceedings as a whole culminate—If it would then order is not interlocutory—Application seeking amendment of charge—Order ... Criminal Procedure Code, 1973—Section 397—Revision—Maintainability challenged on plea that order impugned was interlocutory—Interlocutory ... order—Test—If contention of petitioner who moves Superior Court in revision as against order under chall....
2010 0 Supreme(Pat) 781 • India - Patna
RAKESH KUMAR
Ratio Decidendi: The court held that it would not interfere with criminal proceedings at the interlocutory stage and found ... Inherent Jurisdiction - Quashing of Criminal Proceedings - Summary Fact of the Case: The petitioners sought to quash ... no grounds to quash the order rejecting the revision petition. ... He submits that at the initial or interlocutory stage this court may not interfere with the criminal proceedi....
1988 0 Supreme(All) 538 • India - Allahabad
G.B.SINGH
CRIMINAL PROCEDURE CODE - SECTION 397(2) - SECTION 482 - REVISION - INTERLOCUTORY ORDER - FURTHER INVESTIGATION - STAY OF PROCEEDINGS ... Whether the revision is maintainable against an interlocutory order? 2. ... The accused filed a revision against this order. ... Section 397 (2) of the CrPC clearly lays down that powers of revision shall not be exercised in interlocutory order....
1984 0 Supreme(All) 523 • India - Allahabad
S.K.DHAON
- REVISION - SUMMONS - JURISDICTION - STAY OF PROCEEDINGS - INVESTIGATION BY POLICE - COGNIZANCE OF OFFENCE - COMPLAINT - MAGISTRATE'S ... It interpreted Section 397(2) of the New Code, which bars revision of interlocutory orders, as not applying to intermediate orders ... to revision. ... ... ( 1 ) THIS criminal revision and the companion Criminal Misc. ... In a criminal case it cannot cover a preliminary or interlocutor....
1990 0 Supreme(All) 603 • India - Allahabad
K.K.BIRLA
A revision is not maintainable against an interlocutory order passed under Section 145, Cr. P. C. 2. ... Whether a revision is maintainable against an interlocutory order passed under Section 145, Cr. P. C.? 2. ... an interlocutory order. ... The mere fact that a civil suit is pending will not make the impugned order as non-interlocutory order so as to make a revision maintainabl....
1984 0 Supreme(Cal) 244 • India - Calcutta
B.C.CHAKRABARTI, SANKARI PRASAD DAS GHOSH
CRIMINAL PROCEDURE CODE - JURISDICTION OF SESSIONS JUDGE - DROPPING OF PROCEEDINGS - POWER OF SESSIONS JUDGE - INTERLOCUTORY ORDER ... against an interlocutory order? ... under S.397 Cr.P.C, against an interlocutory order. ... In our view, it was not a proper order for two reasons viz., that he had no jurisdiction to make the order viz., dropping the proceedings as against the opposite party, and secondly he had no....
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