Chandra Prakash Vs Anandi Lal & Anr.

" Before we conclude we may point out an obvious, almost insurmountable, difficulty in the way of applying literally the test laid down in Kuppuswami Rao''s case and in holding that an order of the kind under consideration being not a final order must necessarily be an interlocutory one. If a complaint is dismissed under Section 203 or under Section 204 (4), or the Court holds the proceeding to be void or discharges the accused, a revision to the High Court at the instance of the complainant or the prosecutor would be competent, otherwise it will make Section 398 of the new Code otiose. Does it stand to reason, then, that an accused will have no remedy to move the High Court in revision or invoke its inherent power for the quashing of the criminal proceeding initiated upon a complaint or otherwise and which is fit to be quashed on the face of it ? The legislature left the power to order further inquiry intact in ''section 398. Is it not, then, in consonance with the sense of justice to leave intact the remedy of the accused to move the High Court for setting aside the order adversely made against him in similar circumstances and to quash the proceeding ? The answer must be given in favour of the just and reasonable view expressed by us above "

" Secondly, what was not realized was that the order passed by the Trial Court refusing to call the documents and rejecting the application under Section 311 Cr.P.C., were interlocutory orders and as such, the revision against those orders was clearly barred under Section 397 (2) Cr.P.C. The Trial Court, in its common order, had clearly mentioned that the cheque was admittedly signed by the respondent/accused and the only defence that was raised, was that his signed cheques were lost and that the appellant/complainant had falsely used one such cheque.

The Trial Court also recorded a finding that the documents were not necessary. This order did not, in any manner, decide anything finally. Therefore, both the orders, i.e., one on the application under Section 91 of Cr.P.C. for production of documents and other on the application under Section 311 Cr.P.C. for recalling the witness, were the orders of interlocutory nature, in which case, under Section 397 (2), revision was clearly not maintainable. Under such circumstances, the learned Judge could not have interfered in his revisional jurisdiction. The impugned judgment is clearly incorrect in law and would have to be set aside. It is accordingly set aside. The appeals are allowed."

24. To sum up, the essential attribute of an interlocutory order is that it merely decides some point or matter essential to the progress of the suit or collateral to the issues sought but not a final decision or judgment on the matter. in issue. An intermediate order is one which is made between the commencement of an action and the entry of the judgment. Untwalia J. in the case of Madhu Limaye v. State of Maharashtra clearly meant to convey that an order framing charge is not an interlocutory order but is an intermediate order as defined in the passage, extracted above, in Corpus Juris Secundum, Vol. 60. We find ourselves in complete agreement with the observations made in Corpus Juris Secundum. It is obvious that an order framing of the charge being an intermediate order falls squarely with in the ordinary and natural meaning of the term ''interlocutory order''. as used in s. 11

(1) of the Act. Wharton''s Law Lexicon (14th Edition, p. 529) defines interlocutory order thus: "An interlocutory order or judgment is one made or given during the progress of an action, but which does not finally dispose of the rights of the parties." Thus, summing up the natural and logical meaning of an interlocutory order, the conclusion is inescapable that an order which does not terminate the proceedings or finally decides the rights of the parties is only an interlocutory order. In other words, in ordinary sense of the term, an interlocutory order is one which only decides a particular aspect or a particular issue or a particular matter in a proseeding, suit or trial but which does not however conclude the trial A at all. This would be the result if the term interlocutory order is interpreted in its natural and logical sense without having resort to Criminal Procedure Code or any other statute. ''I hat is to say, if we construe interlocutory order in ordinary parlance it would indicate the attributes, mentioned above, and this is what the term interlocutory order means when used in s. 11(1) of the Act.

107. Having said this can it be said that framing of a charge is an order which would be something other than interlocutory. For that purpose, it is necessary to keep in view the procedure prescribed for trial of warrant cases instituted on a police report as contained in Part A of Chapter XIX of the Code. Sec. 238 provides that when in a warrant case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of Section 207 which casts an obligation on the Magistrate to furnish to the accused, free of cost, copies of the document therein set out. This is to be done at the commencement of the trial which would mean that when this statutory duty cast by Section 207 is performed by the Magistrate, the trial commences. The trial cannot commence unless the accused is furnished with copies of requisite documents. And the duty is cast on the Magistrate to ascertain at the commencement of the trial that Section 207 is complied with and if it is not done, as part of trial furnish the requisite copies. Then follow Section 239 and 240. Under sec. 239 the court after considering the police report and the accompanying documents submitted to the court u/s 173 and after giving the prosecution and the accused an opportunity of being heard if the Magistrate is of the opinion that the charge against the accused is groundless, he must discharge the accused by a speaking reasoned order. If on the other hand after proceeding with the trial as prescribed in Section 239, if the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offence triable under Chapter XIX which such Magistrate is competent to try and which in his opinion could be adequately punished by him, he shall frame in writing a charge against the accused. This is to be done after the trial commences at the stage of Section 238. Indisputably, therefore, it is an order made in the course of proceeding conducted according to procedure prescribed in Chapter XIX. Without anything more it would be an interlocutory order.