TaxTMI 
TaxTMI 
2022 (8) TMI 1475
X X X X Extracts X X X X
X X X X Extracts X X X X
....he dispute is alleged to have led to a series of altercations and culminated in the murder of two persons and injuries to several others, including the appellant. A First Information Report "FIR" under Section 154 of the Code of Criminal Procedure 1973 "CrPC" was registered on 26 December 2016 at PS Maddur, District Mandya, being Crime No. 0582 of 2016, for offences punishable under Sections 143, 147, 148, 504, 323, 302, 307, 114 and 149 of the Indian Penal Code. "IPC" According to the FIR, around 1830 hours on 25 December 2016, the accused came to the village of the appellant armed with knives and rods, and abused and assaulted some of the villagers. A few of the accused allegedly assaulted and stabbed the appellant, his elder brother, Mutthuraju, and another villager named Nandeesha with knives. The grievously injured persons were first taken to the Government Hospital at Maddur. The doctors at the hospital referred the injured to Mandya District Hospital from where they were further transferred to K R Hospital, Mysore. Both Nandeesha and Mutthuraju succumbed to the injuries. 4 The appellant claims that the FIR was registered on the information which was furnished by him, making....
X X X X Extracts X X X X
X X X X Extracts X X X X
....standi to file the revision petition. The relevant observations of the High Court are extracted below: "12. The State has left the matter as it is. However, it is the complainant who is now agitating before this Court by challenging the said order. The word 'victim' is defined in Section 2(wa) of the Cr.P.C. which reads as under: "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir; 13. In a given case, it also includes the rights of the complainant which is carved out under Section 372 of Cr.P.C. only for the purpose of challenging the order passed by the Court acquitting the accused or convicting the accused for a lesser offence or imposing inadequate compensation. Except these three requirements in the amended CrPC for the victim/complainant, when the CrPC is silent as to the further rights of a victim/complainant, the filing of the revision petition challenging every order that would be passed during the pendency of the trial is not maintainable. Therefore, revision petition at the instance of the defac....
X X X X Extracts X X X X
X X X X Extracts X X X X
....hibit since that forms the basis of the registration of the FIR. The order of the trial judge cannot in these circumstances be treated as merely procedural or of an interlocutory in nature since it has the potential to affect the substantive course of the prosecution. The revisional jurisdiction under Section 397 CrPC can be exercised where the interest of public justice requires interference for correction of manifest illegality or the prevention of gross miscarriage of justice. Amit Kapoor v Ramesh Chander, (2012) 9 SCC 460; Sheetala Prasad v Sri Kant, (2010) 2 SCC 190 A court can exercise its revisional jurisdiction against a final order of acquittal or conviction, or an intermediate order not being interlocutory in nature. In the decision in Amar Nath v State of Haryana, (1977) 4 SCC 137 this Court explained the meaning of the term "interlocutory order" in Section 397(2) CrPC. This Court held that the expression "interlocutory order" denotes orders of a purely interim or temporary nature which do not decide or touch upon the important rights or liabilities of parties. Hence, any order which substantially affects the right of the parties cannot be said to be an "interlocutory or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ulminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in Section 397(2) of the Code. In the present case, if the objection raised by the appellants were upheld by the Court the entire prosecution proceedings would have been terminated. Hence, as per the said standard, the order was revisable." 13 In the decision in VC Shukla (supra), this Court noted that under the CrPC, the question whether an order such as an order summoning an accused Amar Nath v State of Haryana, (1977) 4 SCC 137 or an order framing a charge Madhu Limaye v State of Maharashtra, (1977) 4 SCC 551 is an "interlocutory order" must be analysed in the light of the peculiar facts of a particular case. In the present case, the objection taken by the defense counsel (which was upheld by the trial judge) that the statement of the informant is a statement under Section 161 CrPC travels to the root of the case of the prosecution and its acceptance would substantially prejudice the case of the prosecution. According to the charge sheet, the statement of the appellant/ informant formed the basis of the FIR and set the criminal law in motion. Rejection o....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ed of a lesser offence or imposing inadequate compensation (three requirements mentioned under Section 372 CrPC) is unsustainable, so long as the revision petition is not directed against an interlocutory order, an inbuilt restriction in Section 397(2) of the CrPC. In the present case, the appellant filed a criminal revision as his interests as an informant and as an injured victim were adversely affected by the trial court rejecting the prayer to mark the statement of the informant as an exhibit. Having held that the order of the trial court is not interlocutory in nature and that the bar under Section 397(2) of the CrPC in inapplicable, a criminal revision filed by an informant against the said order of the trial court was maintainable. In Sheetala Prasad v Sri Kant, (2010) 2 SCC 190 a two Judge Bench of this Court has held that a private complainant can file a revision petition in certain circumstances, including when the trial court wrongly shuts out evidence which the prosecution wishes to produce. Noting the principles on which revisional jurisdiction can be exercised by the High Court at the instance of a private complainant, this Court observed: "12. The High Court was exer....