Recently, the Jammu and Kashmir High Court, held that an interlocutory order, such as the issuance of notice during proceedings, cannot be challenged through revisional jurisdiction under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
The case arose out of a petition filed under Section 12 of the Protection of Women from Domestic Violence Act before the trial court. On 11.02.2025, directions were issued by the Magistrate. Later, while seeking execution of that order, an additional application was moved by the petitioners seeking restraint on the respondents from alienating their property.
The Magistrate issued notice on the said application. This act of issuing notice was challenged by the petitioners through a revision petition, which the 3rd Additional Sessions Judge dismissed on the ground that such a petition was not maintainable. The present petition under Section 528 of BNSS was filed against that dismissal.
Justice Sanjay Dhar, while dismissing the petition, held that an order merely issuing notice does not adjudicate upon the rights of parties and thus qualifies as an interlocutory order. The Court emphasized, “An interlocutory order is passed by a court to manage proceedings and does not finally determine rights of the parties. Therefore, such an order is not amenable to revisional jurisdiction of a superior court.”
The Court also cited Section 438(2) of the BNSS, which expressly bars the exercise of revisional powers concerning interlocutory orders.
The High Court concluded that the Sessions Court had rightly refused to entertain the revision petition, as no substantive rights were affected by the impugned order. The petition was accordingly dismissed.
Case Title: Aamina & Ors Vs. Aamir Ahmed Mir & Ors
Coram: Hon’ble Mr. Justice Sanjay Dhar
Case No.: CRM(M) No.261/2025
Read Judgment @Latestlaws.com
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