SHAILESH KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) A short but seminal question is involved in the instant Criminal Revision. The issue is as to whether any order rejecting an application under Sec. 311 of the Code of Criminal Procedure is an interlocutory order and, therefore, not revisable, even if the order of rejection of application for examination of an additional witness, not charge-sheeted or not named in the complaint, is found to be necessary for just decision of the case. Secondly, whether denial of examination of a material witness, whose evidence, the Court considers absolutely necessary for just decision of a criminal case.

(2.) It is easy to dismiss the instant criminal revision relying on the decision of the Hon'ble Supreme Court in Honnaiah T.H. v. State of Karnataka and Ors. (Criminal Appeal No. 1147 of 2022), decided on 4th of August, 2022.

(3.) It is held by the Hon'ble Supreme Court in the aforesaid case that under Sec. 397(2) of the Cr.P.C., the powers of revision can not be exercised in relation to an interlocutory order passed in any appeal, enquiry or trial or other proceedings.