22 May 2020

Order of process issue is not interlocutory order still can not be challenge u/s.482 of CrPC

So far as the order dated 04.02.2016 is concerned, cognizance of the offence was taken and the accused were directed to face trial by way of issuing summons. 

   It is settled law that such orders are revisable orders as they adversely affect the right of the accused. Revision would lie against such order.[Para No.5 and 6]


Order of process issue is not interlocutory order still can not be challenge u-s.482 of CrPC
It is well settled that the inherent powers of the Court can ordinarily be exercised when there is no express provision on the subject-matter. Where there is an express provision, barring a particular remedy, the Court cannot resort to the exercise of inherent powers.(Relied on Amar Nath and Others vs. State of Haryana and another, reported in (1977) 4 SCC 137) [Para No.8]


Gauhati High Court

Nur Islam Sheikh @ Nur Islam
Vs.
The State Of Assam

Decided on 20/05/2020


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