The order allowing or disallowing an application of the complainant to summon witness under section 311 Cr.P.C. is an interlocutory in nature and hence revision application U/Sec 397 Cr.P.C., challenging such order is not maintainable.
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 17 June 2009
The order allowing or disallowing an application of the complainant to summon witness under section 311 Cr.P.C. is an interlocutory in nature and hence revision application U/Sec 397 Cr.P.C., challenging such order is not maintainable.
Kiran Kumar (Lawyer) 17 June 2009
hello Sir,
u r correct in such case the Revision Petition is not maintainable.
reference can be had to a latest judgment of Hon'ble SC
Sethuraman v/s Rajamanickam 2009 (2) Criminal Court Cases 706 (SC)
i dont know whether this reporter is available at ur place.
u can find this judgment in full text from the official website of SC www.supremecourtofindia.nic.in
Criminal Appeal No. 486-487 of 2009 arising out of SLP (criminal) No. 2688-89 of 2005 decided on 18.03.2009 becnh comrising TARUN CHATTERJEE & V.S SIRPURKAR, JJ.
Kiran Kumar (Lawyer) 17 June 2009
sorry i did not reply in toto
when the revision is not maintainable then u r left with no other remedy but to go for Criminal Misc. Petition only
Deekshitulu.V.S.R (B.Sc, B.L) 20 June 2009
Mr Kiran Kuma
thanks a lot for the judgment and citation. I am facing a similar problem here.
Bye
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