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.