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1 - 10 of 11 (0.52 seconds)Krishan Kumar Malik vs State Of Haryana on 4 July, 2011
14. Order passed under Section 311 Cr.P.C. is an
interlocutory order and when it is reversed it does not result
in the termination or culmination of proceedings against the
accused. Appreciating the facts of this case, statues and in
the backdrop of the above case laws it is evident that order
u/s. 311 Cr.P.C. is purely interlocutory orders in so far as no
right of accused pertaining to trial has been decided therein
CR no. 1869/2024 CNR No.DLSW01-004251-2024 Page 7 of 8
Krishan Kumar Vs State
and by virtue of Section 397 (2) Cr.P.C. no revision qua
them can be filed.
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
Hanuman Ram vs State Of Rajasthan & Ors on 13 October, 2008
P.P. for the State has relied on Hanuman Ram Vs
State of Rajasthan & Ors (2008) 15 SCC 652 and prayed
that revision petition be dismissed.
Amarnath (Deceased) Thr. His Legal ... vs State Of Haryana Etc. on 28 January, 2015
10. Hon'ble Supreme Court of India after discussing the
Amarnath Judgment (Supra) in "Girish Kumar Suneja vs.
CBI" Crl. Appeal no. 1137 of 2017 arising out of SLP (Crl.)
No. 9503 of 2016 has held at para 17 that there are three
categories of orders that a court can pass - final,
intermediate and interlocutory. There is no doubt that in
respect of a final order, a court can exercise its revision
jurisdiction that is in respect of a final order of acquittal or
conviction. There is equally no doubt that in respect of an
interlocutory order, the court cannot exercise its revision
jurisdiction. As far as an intermediate order is concerned,
the court can exercise its revision jurisdiction since it is not
an interlocutory order.
Girish Kumar Suneja vs Cbi on 13 July, 2017
10. Hon'ble Supreme Court of India after discussing the
Amarnath Judgment (Supra) in "Girish Kumar Suneja vs.
CBI" Crl. Appeal no. 1137 of 2017 arising out of SLP (Crl.)
No. 9503 of 2016 has held at para 17 that there are three
categories of orders that a court can pass - final,
intermediate and interlocutory. There is no doubt that in
respect of a final order, a court can exercise its revision
jurisdiction that is in respect of a final order of acquittal or
conviction. There is equally no doubt that in respect of an
interlocutory order, the court cannot exercise its revision
jurisdiction. As far as an intermediate order is concerned,
the court can exercise its revision jurisdiction since it is not
an interlocutory order.
Bb Lal Aggarwal vs The State Govt Of Delhi & Anr. on 4 April, 2022
In judgments "B.B. Lal Aggarwal vs. The State Govt
of Delhi and Ors." Crl. M.C 953/2022 and Crl.
Section 400 in The Code of Criminal Procedure, 1973 [Entire Act]
Mr. Situ Ramnath Shastri vs I. F. C. I. Factors Ltd on 30 August, 2022
M. A
4068/2022 decided on 04.04.2022 by Hon'ble High Court of
Delhi, it is held at para 17 that "no revision lies against
dismissal of an application filed under Section 311
Cr.PC" and "Situ Ramnath Shastri vs I.F.C.I. Factors
Ltd" in Crl. M.C 586/2021, Crl. M. A. 2931/2021, Crl.
M.C.590/2021 and Crl. M.A. 2948/2021 decided on
30.08.2022 by Hon'ble High Court of Delhi in which it is
mentioned at para 13 that "It is trite law that an order
passed under Section 311 Cr.PC is purely an interlocutory
order and a revision against an interlocutory order is
clearly barred under Section 397(2) Cr.PC. Consequently,
the revision petitions preferred before Ld. ASJ were not
maintainable and thus, the present petitions filed against
the final outcome of the said revision petitions are again
not maintainable.