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What is Interlocutory order

The term Interlocutory order was explained in view of the Apex Court verdict in Amarnath vs State of Haryana, the term Interlocutory order in section 397(2) has been used in restricted sense and not in any broad is artistic sense and the Interlocutory orders under section 397 are those orders which do not decide or touch the important rights or liabilities of the parties and any order which substantially affects the rights of the parties or decide certain rights of the parties.

Can not be said to be an Interlocutory order si as to bar a Revision application to the High Court and the order regarding Interim custody of a few valuable article like truck decides and touches very important rights of the parties. Aby party', who was denied even interim possession, would be substantially and adversely effected by it and would be entitled to invoke Revisional Jurisdiction of the High Court, because by such order the court was affecting and adjudicating important rights of the parties on the particular aspect and such order can not be said to be an Interlocutory order as contemplated by section 397(2) if the Code of Criminal Procedure.

If a practical view of what is contained in Section 451 of the Code of Criminal Procedure is taken in the prevailing situation of arrears of cases then also it can be said that order of interim Custody was purely Interlocutory order. Cases are pending for more than a decade and if during enquiry or trial, order for interim Custody was passed against a person who is lawfully entitled to claim possession of such case properly, his rights can be vitally affected by orders passed against him.

Hence, in that view of the matter ,it cannot be said that such order is Interlocutory order or Interim order which appears during pendency of the inquiry, investigation or trial . Section 451 of the Criminal Procedure Code also empowers the court to pass such orders as was otherwise expedient to do so , including sake of such property or order for otherwise disposal of the Property.

If a court passes order for sale of property or otherwise directs disposal of such Property then, after such order ,the Property has to be followed in the hands of the purchaser and consequently also it can not be said to be an order which was not revisable.

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