Niyam v2 is live — start for just ₹100 — 200 credits to try

july 1977

Supreme Court of India · 1977-07-29

AMAR NATH AND OTHERS. vs STATE OF HARYANA & OTHERS

Citation / case number
SC 1977/61685
Court
Supreme Court of India
Petitioner
AMAR NATH AND OTHERS.
Respondent
STATE OF HARYANA & OTHERS
Bench
FAZALALI, SYED MURTAZA

Judgment text excerpt

The Supreme Court held that the order of the Judicial Magistrate was not an interlocutory order and thus not barred from revision under Section 397(2) of the Code of Criminal Procedure. The Court clarified that inherent powers under Section 482 cannot be invoked to bypass the explicit bar of Section 397(2). It was established that orders affecting the rights of the accused cannot be classified as interlocutory, allowing for revision under Section 397(1). The appeal was allowed and the case remanded to the High Court.

AMAR NATH AND OTHERS. vs STATE OF HARYANA & OTHERS · Niyam