Interlocutory order under witness recall provisions bars revision where the criminal case continues and no substantive right is finally decided.

An order refusing recall of a witness under Section 311 CrPC is interlocutory where it does not terminate the criminal proceedings or finally determine the parties' rights. Applying the test under Section 397(2) CrPC, the HC held that such an order does not decide any substantive right and therefore cannot be revised. The revision was held not maintainable and was rejected at the threshold, leaving the parties to pursue remedies only as permitted at the relevant stage of the criminal process.

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Issues: Whether an order dismissing an application under Section 311 of the Code of Criminal Procedure, 1973 for recall of a witness is interlocutory and therefore not revisable under Section 397(2) of the Code of Criminal Procedure, 1973.

Analysis: The order under challenge refused recall of a witness for further examination. Such an order does not culminate the criminal proceedings as a whole and does not finally determine the rights or liabilities of the parties. On the test applied for Section 397(2), an order is not revisable if it is merely interlocutory and does not result in termination of proceedings. An order summoning or refusing to summon witnesses under Section 311 is treated as interlocutory because it does not decide any substantive right.

Conclusion: The revision was not maintainable, as the impugned order was interlocutory and barred by Section 397(2) of the Code of Criminal Procedure, 1973.

Final Conclusion: The challenge to the refusal of recall was rejected at the threshold, leaving the parties to pursue remedies only in accordance with the stage-specific procedure under the Code.

Ratio Decidendi: An order refusing recall or summoning of a witness under Section 311 of the Code of Criminal Procedure, 1973, which does not culminate the proceedings or decide substantive rights, is interlocutory and revision against it is barred by Section 397(2) of the Code of Criminal Procedure, 1973.

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