Sri. Nalla Ailaiah v. Smt. Nalla Bindu, , Jyotsna , Bindu

HONOURABLE SRI JUSTICE SANJAY KUMAR Crl.R.C.No.459 of 2019 ORDER:

This Criminal Revision Case, filed under Sections 397 and 401 Cr.P.C., is sought to be maintained against the interlocutory order dated 20.8.2018 passed by the learned Judge, Family Court, Warangal, in Crl.M.P.No.116 of 2018 in M.C.No.45 of 2014 filed under Section 125 Cr.P.C.

Section 397(2) Cr.P.C. bars exercise of revisionary power under Section 397 (1) Cr.P.C. in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. Therefore, a proceeding under Section 125 Cr.P.C. would stand covered by the words 'other proceeding' mentioned in Section 397(2) Cr.P.C. In consequence, this Criminal Revision Case is not maintainable and is accordingly dismissed on that short ground. This order shall however not preclude the revision petitioner from invoking appropriate remedies available to him in accordance with the due procedure.

Pending Miscellaneous Petitions, if any, shall also stand dismissed.

________________________ JUSTICE SANJAY KUMAR 24th April, 2019 dr