Case Note & Summary
The judgment involves multiple criminal applications filed before the Bombay High Court challenging orders passed by Magistrates issuing process against the accused in private complaint cases. The applicants, who were the original complainants, sought revision of the Magistrate's orders under Section 397 of the Code of Criminal Procedure, 1973. The common question of law was whether the order issuing process is an interlocutory order and thus barred from revision under Section 397(2) CrPC. The court, after hearing the parties, held that an order issuing process under Section 204 CrPC is an interlocutory order and not a final order. Relying on the settled legal position, the court observed that revision against such an order is not maintainable as per Section 397(2) CrPC. The court dismissed all the criminal applications, leaving the parties to raise their contentions at the trial stage or in appeal after the final order. The judgment reaffirms the limited scope of revisional jurisdiction against interlocutory orders in criminal proceedings.
Headnote
A) Criminal Procedure Code - Revision - Interlocutory Order - Section 397(2) CrPC - Order issuing process under Section 204 CrPC is an interlocutory order - Revision against such order is barred under Section 397(2) CrPC - The High Court cannot interfere in revision against an order of issuance of process as it is not a final order but an interlocutory one - Held that the revision applications are not maintainable and are dismissed (Paras 1-10).
Issue of Consideration
Whether the orders passed by the Magistrate issuing process against the accused in private complaints are interlocutory orders, and whether the High Court can entertain revision applications against such orders under Section 397 of the Code of Criminal Procedure, 1973.
Final Decision
All criminal applications are dismissed as not maintainable. The order issuing process is held to be an interlocutory order, and revision against it is barred under Section 397(2) CrPC.
Law Points
- Revision against interlocutory orders is barred under Section 397(2) CrPC
- Order of issuance of process is an interlocutory order
- High Court cannot interfere in revision against such orders
- Remedy lies in trial or appeal after final order
