dated 13.10.2014
by which the application filed by the Revisionist under section
311 Cr.P.C. for recalling witnesses ... Code (corresponding to section 311 of the new Code.) but there
was no discussion whether an order passed under section 311
herein had filed a criminal complainant
under Section 200 of the Code of Criminal
Procedure (hereinafter referred to as
' ... Code but also in other Acts and statutes
which apply the Code of Criminal
Procedure or which are statutes in pari
materia the Code. Having
Adarsh Nagar, u/s 498 A /406 IPC , whereby application of
respondents moved u/s 311 CrPC was allowed and witnesses
namely Neelam ... clearly shows that it was passed
on an application u/s 311 CrPC . In view of the judgment, as
relied upon
whereby the ld. Trial Court dismissed the
application u/s 311 CrPC for summoning the witnesses and
examining them, is fixed for order ... revisionist is that she had moved an
application u/s 311 CrPC dated 30.4.2012, before the ld.
Trial Court, on the ground that
cross examine the complainant.
Statement of revisionist was recorded under Section 311 Cr.P.C
read with Section 281 Cr.P.C and matter ... that case, criminal complaint was filed for
dishonour of cheque. Two applications - one under Section 91
and another under Section 311 Cr.P.C., were
case that an application u/s 311 Code of Criminal
Procedure, 1973 ( Cr.P.C .) was filed by it for summoning of these
aforementioned ... power of the court as envisaged
in Section 311 of the Code of Criminal Procedure has not been
curtailed by this Court. Neither
rights, merely facilitating procedural progression.
21. The main question which arises for consideration is: whether the order
passed under Section 311 of ... finality.
35. It is trite law that an order passed under Section 311 Cr.P.C. is purely an
interlocutory order and a Criminal Revision
2024 passed by the Ld. Trial
Court thereby application u/s. 311 Cr.P.C. of accused persons for recalling of
complainant for cross-examination ... closed. After about ten
months, accused filed an application u/s. 311 Cr.P.C. for re-call of revisionist for
cross-examination and vide
311 Cr.PC is truly an interlocutory
order. According to the provision of Section 397 (2)
Cr.P.C. of a criminal revision ... application
under Section 311 Cr.P.C., is interlocutory in nature, against
which criminal revision petition/revision under Section 397
with Sections 397
of the Code of Criminal Procedure, 1973 (hereinafter, referred to
as ' Cr.P.C ./Code'), seeking setting aside ... this court shall dispose of an
application under Section 311 of Code of Criminal
Procedure, 1973 (hereinafter referred to as '