Authority: Uttarakhand High Court (Justice Alok Mahra)
Order Date: 07-08-2026
Case Overview
- Parties: M/s Prakash Electricals (revisionist) vs State of Uttarakhand and another (respondents).
- The revision challenged the order dated 23.02.2024 passed by the District and Sessions Judge, Tehri Garhwal, in Criminal Revision No. 36 of 2023, which had allowed the revisionist and set aside an earlier order dated 28.10.2023 that permitted a Section 311 Cr.P.C. application for recalling a witness.
- The revisionist argued that the Section 311 order was interlocutory and barred from revision under Section 397(2) Cr.P.C., citing Supreme Court judgment in Sethuraman vs. Rajamanickam (2009) 5 SCC 153.
- The court examined the nature of the orders under Sections 311 and 91 Cr.P.C., concluding they were interlocutory and not finally adjudicative.
Final Outcome
- The impugned order dated 23.02.2024 is set aside.
- The criminal revision filed by M/s Prakash Electricals is allowed.
- Any pending applications, if any, are disposed of.
Topics: Court Proceedings, Criminal Procedure