23 May 2020

Examination of investigating officer; before injured or eye witness is examined, does not cause prejudice to accused in his defence

Fair trial - order of examination of witnesses by prosecution - Sec.135 of Evidence Act - Sec.230, 231, 311 of CrPC

   Does examination of investigating officer before injured or eye witness is examined, cause prejudice to accused in his defence?

Held: No

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]


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