MADHU LIMAYE versus THE STATE OF MAHARASHTRA

MADHU LIMAYE versus THE STATE OF MAHARASHTRA

The bar under section 397(2) applies only to the revisional power exercised in respect of interlocutory orders; it does not bar the High Court's inherent powers under section 482, which may be invoked in exceptional cases to prevent abuse of process or secure ends of justice, especially where no other remedy exists. Orders which are not final but also not purely interlocutory may be subject to revision, and accused persons have remedy to seek quashing in such circumstances.

Parties
Appellant: Madhu Limaye; Respondent: State of Maharashtra
Jurisdiction
India
Judgment Date
31 October 1977
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Order of Bombay High Court Rejecting Revision Application
Outcome
appeal allowed
Legal Topics
Code of Criminal Procedure, Inherent Powers of High Court, Interlocutory Orders, Revision, Sanction for Prosecution, Defamation
Criminal Law Code of Criminal Procedure Inherent Powers of High Court Interlocutory Orders Revision Sanction for Prosecution Defamation

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Parties

Madhu Limaye

Appellant

State of Maharashtra

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Order of Bombay High Court Rejecting Revision Application

Legal Issues

  1. 1 Scope of section 397(2) of Code of Criminal Procedure, 1973 regarding bar of revision against interlocutory orders
  2. 2 Whether section 482 (inherent powers) can override the bar in section 397(2)
  3. 3 Meaning and application of 'interlocutory order' in criminal proceedings

Ratio Decidendi

The bar under section 397(2) applies only to the revisional power exercised in respect of interlocutory orders; it does not bar the High Court's inherent powers under section 482, which may be invoked in exceptional cases to prevent abuse of process or secure ends of justice, especially where no other remedy exists. Orders which are not final but also not purely interlocutory may be subject to revision, and accused persons have remedy to seek quashing in such circumstances.

Court Disposition

appeal allowed

Orders

  • High Court judgment and order set aside
  • Matter remitted to High Court to dispose of appellant's petition on merits in accordance with law and judgment