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2019 (12) TMI 1479 - ANDHRA PRADESH HIGH COURTExamination of the documents in the lis to the expert for his opinion - Section 45 of the Evidence Act - what are the orders that can be construed as intermediate or quasi final orders and whether the order passed under Section 45 of the Evidence Act is an interlocutory order or intermediate order and whether revision against the said order is maintainable or not? HELD THAT:- Undoubtedly, the impugned orders under Section 45 of the Evidence Act were passed by the trial Courts during the pendency of the trial of the main cases. Irrespective of the fact whether the said petition filed under Section 45 of the Evidence Act is allowed or dismissed, the proceedings of the main criminal case still subsists and continues. So, it does not decide anything finally relating to the main case - the revision petitioners sought to contend that since the order passed under Section 45 of the Evidence Act pertains to the right of the accused in relation to the trial of the case to prove his deference in the case, it is to be construed as an intermediate order or a quasi final order. From the survey of law made as to what orders can be construed as intermediate orders or quasi final orders on the principle that it is an order which is of matter of moment or that it touches the substantial rights and liabilities of the parties in relation to the trial, the legal position is now clear from the precedential guidance given in the three-Judge Bench judgment of the Apex Court in Girish Kumar Suneja [2017 (7) TMI 1088 - SUPREME COURT] that those orders which have the effect of terminating the proceedings of the main case once for all though passed at interlocutory stage are alone to be construed as an intermediate or quasi final order. That is the only feasible test to decide whether a particular order is an interlocutory order or an intermediate or quasi final order for the purpose of maintaining revision under Section 397(1) Cr.P.C. Therefore, in the considered opinion of this Court, the said concept of intermediate order cannot be stretched to that extent so as to take within its fold all other interlocutory orders which are passed during the trial of the case relating to summoning of witnesses and sending the document to experts for examination etc. on the ground that it touches the rights and liabilities of the party in relation to trial of the case. Since the order passed under Section 45 of the Evidence Act do not decide anything finally and results into culminating the main proceeding of the case, in any way, it cannot be construed as an order which is of matter of moment or as an intermediate or quasi final order so as to maintain revision against the said order. It is held that on par with the law laid down in Sethuraman [2009 (3) TMI 1086 - SUPREME COURT] that an order summoning a witness or calling for a document is an interlocutory order against which revision is barred, the order passed under Section 45 of the Evidence Act is also a pure and simple interlocutory order against which revision is barred under Section 397(2) Cr.P.C. Criminal Revision Cases are dismissed as not maintainable under law.
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