Trace Your Case

ISSUE:

Whether the framing of charges against the appellant by trial court would come within the meaning of interlocutory order?

Whether the revision application filed in the High Court by the appellant maintainable given provisions of section 397(2)?

RULE:

There may be an order passed during the course of a proceeding that may not be final but yet may not be an interlocutory order pure or simple and may fall in between the two.

The bar of section 397(2) is not meant to be attracted to such kinds of intermediate orders.

Nothing contained in section 397(2) can limit the exercise of the inherent power of the High Court if interference by the High Court is necessary.

The interference may be necessary to secure the ends of justice or if the impugned order brings about a situation that is an abuse of the process of the court.

Subscribe to Read More.
Join Now
Already a member? Log in here