Case Name : Girish Kumar Suneja vs Central Bureau of Investigation Case Reference: (2017) 14 SCC 809 : (2017) 9 SCR 544 Case Number: Crl A Nos. 1137/2017, 1138-54/2017 Court: Supreme Court Bench: 03 Coram: Madan B Lokur (Author), Kurian Joseph, Dr AK Sikri Date: 13.07.2017
Coal Block Allocation Case
There are three categories of orders that a court can pass: (Para 17)
- Final — Acquittal or conviction, court can exercise its revision jurisdiction
- Intermediate - It is one which if passed in a certain way, proceedings would terminate, but if passed in another way, proceedings would continue
- Interlocutory — Court cannot exercise its revision jurisdiction.
Two examples of Intermediate Orders: (Para 21)
- Order taking cognisance and summoning an accused
- Order for framing charges
Section 397 CrPC will govern Section 482 (in that the latter cannot be used to bypass the former). If an interlocutory order is not revisable due to the prohibition contained in Section 397(2), it cannot be circumvented by Section 482 (Para 24, 25)
Appellants have an entitled to file a revision petition in the High Court, but it is not a right, and the entitlement can be taken away and in any case, there is no obligation to entertain a revision petition; and it can be rejected at the threshold. (Para 27)
A revision petition can be accepted only against a final order or an intermediate order — an order which if set aside would result in culmination of the proceedings. (Para 27)
A challenge to non-substantive orders ; such as with respect to
- Admission and denial of documents CrPC - Section 294
- Alteration of Charge CrPC, Section 216
- Joint or single trial CrPC - Section 219, CrPC, Section 220 which can be agitated in a regular appeal is an abuse of process of the court. (Para 33)
However the relief under Constitution, Article 136, Constitution - Article 226, Constitution - Article 227 and CrPC - Section 482 would subsist. (Para 38, 39)
Refer also: Pranab Kumar Mitra vs State of WB, AIR 1959 SC 144 (CB) - 439 CrPC 1898: Revision jurisdiction of a high court is discretionary jurisdiction to be exercised in aid of justice. A litigant does not have a right to have a revisable order set aside. Whether or not the High Court will exercise its revisional jurisdiction must depend on the facts and circumstances of that case. It only conserves the power of the High Court to see that justice is done in accordance with the recognised rules of criminal jurisprudence and that subordinate criminal courts do not exceed their jurisdiction or abuse their powers vested in them. — Followed in Kamlesh Kumar vs State of Jharkhand, (2013) 15 SCC 460
Amar Nath vs State of Haryana, (1977) 4 SCC 137; Gives historical reason for enactment of [CrPC - Section 397]; restrictive meaning given to CrPC - Section 482 - Purpose of former is to curb delays in decision of criminal cases, to benefit the accused by giving him or her a fair and expeditious trial. In criminal law, what cannot be done directly cannot be done indirectly. When Section 392(2) prohibits interference in respect of interlocutory orders, section 482 cannot be availed of to achieve the same objection — Followed in KK Patel vs State of Gujarat, (2000) 6 SCC 195
Madhu Limaye vs State of Maharashtra, (1977) 4 SCC 551 - An intermediate order is one which interlocutory in nature but when reversed, it has the effect of terminating the proceedings and thereby resulting in a final order. CrPC - Section 482 is not to be resorted to (i) if there is a specific provision for redress of grievance of aggrieved party (ii) it should be used sparingly to prevent abuse of process of any court or to secure ends of justice (iii) should not be exercised against express bar of law — Followed in KK Patel vs State of Gujarat, (2000) 6 SCC 195
State of Haryana vs Bhajan Lal, (1992) Supp (1) SCC 355 - Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and only in the rarest of rare cases. Court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the
See also: CrPC, Section 216 CrPC - Section 219 CrPC, Section 220 CrPC - Section 294 CrPC - Section 482 Constitution, Article 136 Girish Kumar Suneja vs CBI, (2017) 9 SCR 544.pdf