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2022 (5) TMI 1607 - HC - Indian LawsForgery of valuable security and will - making & possessing counterfeit seal intending to use it as genuine and by fraudulent cancellation & destruction of the Will and codicil of late Parmanand Bhai Patel - HELD THAT:- The Supreme Court in the case of Girish Kumar Suneja [2017 (7) TMI 1088 - SUPREME COURT] has observed that there are three categories of orders that a Court can pass – final, intermediate and interlocutory. There is no doubt that in respect of a final order, a court can exercise its revisional jurisdiction i.e. in respect of a final order of acquittal or conviction. There is equally no doubt that in respect of an interlocutory order, the Court cannot exercise its revisional jurisdiction. As far as an intermediate order is concerned, the court can exercise its revisional jurisdiction since it is not an interlocutory order. According to Section 397(2) CrPC, revision against an interlocutory order is not maintainable. It is well settled that in deciding whether an order challenged is interlocutory or not as far as Section 397(2) CrPC is concerned, the sole test is not whether such order was passed during the interim stage - The feasible test is whether by upholding the objections raised by a party, it would result in culminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in Section 397(2) CrPC. In the case at hand, the applicant is calling in question an order of dismissal of an application filed by respondent No. 1/State under Section 311 of Cr.P.C. seeking recall of respondent No. 6 for further examination in order to place on record certified copies of papers and proceedings with regard to the judicial proceedings in relation to the alleged forged Will as well as estate/assets of late Parmanand Bhai Patel. It is apparent that the order under challenge in this revision does not culminate the criminal proceedings as a whole or finally decides the rights and liabilities of the parties, therefore, it cannot be said to be a final order or an intermediate order. The impugned order is purely interlocutory in nature. It is apparent that the impugned order passed while dismissing application filed by respondent No.1/State under Section 311 Cr.P.C. for recalling the witness is an interlocutory order and in the considered opinion of this Court no revision petition against such an order is maintainable in view of the provision of Section 397 (2) of Cr.P.C. The revision is hereby dismissed as not maintainable.
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