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dev kapoor (Querist) 28 February 2012 This query is : Resolved
An advocate filed a criminal complaint before JMFC,who forwarded to a police officer for inquiry under section 202 Cr.P.C.The inquiry officer held TWO person having committed offence.JMFC dropped proceedings against one arbitrarily & without a reasoned order.Whether revision filed against the order of JMFC is not maintainable, as the accused argues,the order of JMFC is interlocutory?(a) If the order is not interlocutory,how? (b)If Interlocutory,How? Please support your expert opinion with reference to provision of law,preferably with decided case laws,in either case.
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Raj Kumar Makkad (Expert) 28 February 2012
Though you have academic query which as per decision of the experts is not tenable to be replied but in nutshell I want to clarify that the order qua left accused is final and it requires revision under section 397 Criminal Procedure Code.

venkatesh Rao (Expert) 28 February 2012
The magistrate dropping the proceedings against one of the accused is acting u/s 202 Cr.P.C. and proceeding against another accused is acting u/s 204 Cr.P.C.

Both rae not interlocutory orders as both are final orders as far as limited purpose of issuing process or declining to issue process are concerned.

As far as order u/s 202 is concerned, you can press into service 397 Cr.P.C. before sessions or high court. The accused has no right of audiance in revision and as such he can never object.

As a corrolary, the accused against whom the process has been issued can press into service the same 397 Cr. P.C.