Sec. 397 cr.p.c.
RAJ KUMAR GOYAL
(Querist) 04 March 2012
This query is : Resolved
whether the order on application US 205/317 Cr.P.C. is interlocking oder for the purpose of revision us 397 Cr.P.C.?
Shonee Kapoor
(Expert) 04 March 2012
Means what?
Revision does not generally lie against interlocutory order unless a gross injustice is shown.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PARTHA P BORBORA
(Expert) 04 March 2012
yes no revision against an interllocatry order in genera.
Adv.R.P.Chugh
(Expert) 04 March 2012
Yes there can be no revision against interlocutory orders - and since S.317/205 are interlocutory orders i.e they don't go to the merits of the case. No Revision is permissible. However in extreme cases High Court's indulgence may be sought under section 482 of the CrpC
Bharat
Raj Kumar Makkad
(Expert) 04 March 2012
I completely endorse the views of all other experts on this subject.
Ajay Bansal
(Expert) 05 March 2012
As said by all experts above.
V R SHROFF
(Expert) 05 March 2012
It is temporary relief to accused, at the sole discretion of Magistrate, and can be cancelled at any point of time. u/s 205, accused is permitted to be appeared thru his/her advocate.
Compl have no ground to oppose it, except during the hearing of the Application . If it damage him in any way, Magistrate have to decide his grievance.
It is not Final Order, not appeal able
