Q 1:-Whether criminal revision is maintainable against the order of Judge taking voluntary statement given by the witness on record during recording of his evidence?
Q 2:- Is Criminal revision is maintainable against order of issue of warrant by Magistrate?
Ans:- Warrant can be cancelled by Magistrate. It is interlocutory order. Hence revision is not maintainable as per
Section 397(2) of CRPC.
Q 3:- Whether criminal revision is maintainable against order of magistrate directing accused to deposit 20% of cheque amount as interim compensation in cheque dishonour case?
Ans:-In my opinion it is interlocutory order. Revision is not maintainable.
Interlocutory & Final Orders : 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 for as Section 397(2) CrPC is concerned, the sole test is not whether such order was passed during the interim stage. If the order under challenge culminates the criminal proceedings as a whole or finally decides the rights and liabilities of the parties then the order passed is not interlocutory in spite of the fact that it was passed during any interlocutory 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.
Q 4:- Whether criminal revision is maintainable against the order of closing evidence of prosecution?
Ans: Revision is maintainable against said order because it is not interlocutory order. Prosecution will lose chance to adduce further evidence and to prove their case against accused.
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