M.Srihari Rao Srihari vs The State Of Andhra Pradesh
2022 Latest Caselaw 1699 AP

 HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

            Criminal Revision Case No.246 of 2022

Judgment:

     This criminal revision case is directed against the order

dated 03-02-2022 passed in Crl.M.P. No.4 of 2022 in S.C.No.41 of

2020 on the file of the III Additional Sessions Judge, Rajampet,

Kadapa District, whereby the petition filed under Section 311 of

Cr.P.C to recall P.Ws.1 to 3 and 6 for further cross-examination

was dismissed.

     2. Heard learned counsel for the petitioners and the learned

Additional Public Prosecutor appearing for the 1st respondent/

State.

     3. The petitioners are accused in S.C.No.41 of 2020 on the

file of the III Additional Sessions Judge, Rajampet. They are being

prosecuted for the offence punishable under Section 302 read

with Section 34 of IPC.         Trial in the said case has been

commenced.       After the examination of P.Ws.1 to 3 and other

witnesses and during the pendency of the trial, the petitioners

have filed a petition under Section 311 of Cr.P.C to recall P.Ws.1

to 3 and 6 for further cross-examination. The said petition came

to be dismissed by the impugned order.

     4. Aggrieved thereby, the present criminal revision case is

preferred by the petitioners.

     5. Upon considering the facts and circumstances of the case,

this Court is of the considered view that this criminal revision
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case can be disposed of on the ground of maintainability without

going into the merits of the case.

         6. It is now settled law that revision under Section 397(1)

of     Cr.P.C    is    maintainable   only   against   a   final   order   or

an intermediate order against which, no right of appeal is

provided. Revision against an interlocutory order is clearly barred

under Section 397(2) of Cr.P.C.            It is now well settled law that

an order passed under Section 311 of Cr.P.C is a pure and simple

interlocutory order, which clearly attracts the bar under Section

397(2) of Cr.P.C and that a revision filed under Section 397(1) of

Cr.P.C is not maintainable.           The Apex Court in the case of

Sethuraman v. Rajamanickam1 clearly held that an order

passed under Section 311 of Cr.P.C is pure and simple

interlocutory order which clearly attracts the bar under Section

397(2) of Cr.P.C and that the revision is not maintainable.

         7. Therefore, this criminal revision case is dismissed as not

maintainable at the admission stage. Pending applications, if any,

shall stand closed.


                              _________________________________________
                              CHEEKATI MANAVENDRANATH ROY, J.

08th April, 2022. Ak

1 (2009) 5 SCC 153

HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Criminal Revision Case No.246 of 2022

08th April, 2022.

(Ak)