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Inmaintainability of Revision Against Police Remand Orders - Multiple judgments establish that criminal revision applications challenging police remand orders are generally not maintainable because such orders are interlocutory in nature and do not qualify as final orders suitable for revision under Section 397 of the Cr.P.C. For example, sources PRAGNESH HARIPARASAD PARIKH VS STATE OF GUJARAT - Gujarat, State Rep. By Inspector Of Police VS N. M. T. Joy Immaculate - Supreme Court, State Rep. by Inspector of Police VS N. M. T. Joy Immaculate - Crimes, and AMIT VISHNUPRASAD GAJJAR VS STATE OF GUJARAT - Gujarat emphasize that police remand is an interlocutory order, and the Supreme Court has upheld that revision against such orders is not maintainable. PRAGNESH HARIPARASAD PARIKH VS STATE OF GUJARAT - Gujarat, State Rep. By Inspector Of Police VS N. M. T. Joy Immaculate - Supreme Court, State Rep. by Inspector of Police VS N. M. T. Joy Immaculate - Crimes, AMIT VISHNUPRASAD GAJJAR VS STATE OF GUJARAT - Gujarat
Distinction Between Final and Interlocutory Orders - Courts differentiate between final orders (e.g., refusing police remand) which are revisable, and interlocutory orders (e.g., granting police remand), which are generally not. For instance, Vikas Chawla @ Vicky vs State Nct Of Delhi - Delhi and GOPALBHAI CHATURBHAI AMIN VS STATE OF GUJARAT - Gujarat highlight that an order refusing police remand is a final order and can be challenged via revision, whereas orders granting police remand are interlocutory and not revisable. Vikas Chawla @ Vicky vs State Nct Of Delhi - Delhi, GOPALBHAI CHATURBHAI AMIN VS STATE OF GUJARAT - Gujarat
Exceptions and Clarifications - While most sources agree that police remand orders are interlocutory and not revisable, some judgments note exceptions where the order is deemed final or where the police's failure to act properly leads to a revisable order. For example, Gurtej Singh @ Teji VS State of Punjab - Punjab and Haryana states that an order compelling police investigation under Section 156(3) is not revisable, but if the police refuse remand, such an order may be considered final and revisable. Similarly, Bodh Raj VS State of Haryana - Punjab and Haryana and Bodh Raj VS State of Haryana - Punjab and Haryana acknowledge that certain orders related to remand can be challenged if deemed final. Gurtej Singh @ Teji VS State of Punjab - Punjab and Haryana, Bodh Raj VS State of Haryana - Punjab and Haryana, Bodh Raj VS State of Haryana - Punjab and Haryana
Legal Authority and Precedents - The consistent reference to Supreme Court judgments and Sections 397 and 397(2) of the Cr.P.C. underpins the legal stance that revision petitions against interlocutory orders like police remand are generally not maintainable, reinforcing judicial discipline and procedural clarity. PRAGNESH HARIPARASAD PARIKH VS STATE OF GUJARAT - Gujarat, AMIT VISHNUPRASAD GAJJAR VS STATE OF GUJARAT - Gujarat, Vikas Chawla @ Vicky vs State Nct Of Delhi - Delhi

Analysis and Conclusion: The prevailing legal view, supported by multiple judgments, is that criminal revision applications are not maintainable against police remand orders because such orders are interlocutory and not final. However, orders that are final in nature, such as refusal of remand, may be challenged through revision. Courts emphasize adherence to statutory provisions and Supreme Court rulings to maintain procedural consistency.

Search Results for "Revision for Police Remand Not Maintainable View"

PRAGNESH HARIPARASAD PARIKH VS STATE OF GUJARAT

2007 0 Supreme(Guj) 319 • India - Gujarat

K.M.MEHTA

that the present Criminal Revision application filed by the accused is not maintainable at law - Same is rejected accordingly - ... of Section 397 (2) of the Code, the revision application is not maintainable against interlocutory order of the learned Sessions ... Judge - Revision dismissed. ... Patel has fairly conceded that in view of the judgement of Hon ble Supreme Court, the order of police remand being interl....

State Rep. By Inspector Of Police VS N. M. T. Joy Immaculate

2004 4 Supreme 460 • India - Supreme Court

G. P. MATHUR, A. R. LAKSHMANAN

, a revision against the said order is not maintainable. ... sent to judicial custody-Accused challenged order of remand by filing revision petition-Whether the revision was maintainable-(No ... The scope of the revision, even if it is assumed to be maintainable, was a limited one, viz., whether the order granting police ... The scope of the revision, even if it is assumed to be maintain....

2004 4 Supreme 460 • India - Crimes

G.P.MATHUR, A.R.LAKSHMANAN, S.RAJENDRA BABU

., a revision against the said order is not maintainable. ... sent to judicial custody—Accused challenged order of remand by filing revision petition—Whether the revision was maintainable—(No ... The scope of the revision, even if it is assumed to be maintainable, was a limited one, viz., whether the order granting police ... The scope of the revision, even if it is assumed to be maintai....

AMIT VISHNUPRASAD GAJJAR VS STATE OF GUJARAT

2007 0 Supreme(Guj) 399 • India - Gujarat

M.R.SHAH

as State is concerned and therefore, the criminal Revision Application under Section 397 of the Criminal procedure Code is maintainable ... The Police station Officer accepted the same but the police has not taken any cognizance. ... The police did not respond properly and therefore the complainant was required to file complaint before the learned Chief Metropolitan ... aside the order passed by the Revisional Court granting 24 hours police #HL_START....

2023 0 Supreme(P&H) 2042 • India - Punjab and Haryana

HARSH BUNGER

orders - The court ruled that no revision lies against an order compelling police investigation into FIR under Section 156(3). ... The magistrate ordered police to register FIR. ... allow for revision as it does not constitute a final order, aligning with precedents set by previous judgments. ... At the same time, if the Magistrate refuses to grant police remand, then such order could be termed as "final order" and a revision is maintainabl....

Vikas Chawla @ Vicky vs State Nct Of Delhi

2025 0 Supreme(Del) 75 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI

ANUP JAIRAM BHAMBHANI

held that an order declining police custody remand is a final order and thus amenable to revision under Section 397 Cr.P.C. - The ... court distinguished between interlocutory and final orders in the context of bail and remand. ... (Paras 12, 18, 58) ... ... (B) Revision Petition - Maintainability - The court ... (III) An order refusing to grant police remand would be a final order and a revision under Section 397 read with Section 401 of the Code....

2007 0 Supreme(Guj) 238 • India - Gujarat

K.M.MEHTA

Patel has fairly conceded that in view of the judgement of Hon ble Supreme Court, the order of police remand being interlocutory order, the revision application is not maintainable. ... order, the revision application was not maintainable. ... It was the main contention that the Revision Application filed by the State before Sessions Court against the order not granting remand is....

1993 0 Supreme(P&H) 245 • India - Punjab and Haryana

A.S.NEHRA

and that the revision petition was maintainable. ... petition was maintainable. ... PETITION AGAINST SUCH ORDER IS MAINTAINABLE. ... Sanjeev Jindal, Judicial Magistrate Ist Class, Jagadhari is as under :- ... "The police has filed the application for police remand. Heard on the police remand, as well as on the application for bail filed on behalf of the accused. ... Therefore, the revision petition filed by the St....

1993 0 Supreme(P&H) 246 • India - Punjab and Haryana

A.S.NEHRA

AND REVISION PETITION AGAINST SUCH ORDER IS MAINTAINABLE. ... such order was maintainable. ... Final Decision: The court dismissed the revision petition filed by the petitioner. ... Sanjeev Jindal, Judicial Magistrate Ist Class, Jagadhari is as under :- ... "The police has filed the application for police remand. Heard on the police remand, as well as on the application for bail filed on behalf of the accused. ... Therefore, the ....

GOPALBHAI CHATURBHAI AMIN VS STATE OF GUJARAT

2004 0 Supreme(Guj) 738 • India - Gujarat

D.N.PATEL

was hospitalized police has not taken custody of said accused and after a period of days from production of accused third application ... of present applicant is revisable revision jurisdiction conferred upon this Court – Held, Decision of Apex Court initially remand ... which was not granted by Judicial Magistrate First Class against which immediately a revision application was preferred on prosecution ... The order is, therefore, a pure and simple interlocutory order and in #HL_START....

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