Sunday, 22 September 2013

Any order which substantially affects rights of accused or decides certain rights of parties is not an interlocutory order


Mohit v. State of U.P., (2013) 7 SCC 789 (Criminal Appeal No. 814 of 2013, decided on July 1, 2013) - Any order which substantially affects rights of accused or decides certain rights of parties is not an interlocutory order. As the order of Trial court rejecting complainant’s application under S. 319 for second time holding that there was insufficient evidence against appellants to proceed against them by issuing summons, was deciding rights and liabilities of appellants in respect of their involvement in case, is not an “interlocutory order” within the meaning of S. 397(2), so as to bar revision to High Court.

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