What is Interlocutory Order? Lets understand what Supreme Court says…

Term ‘Interlocutory Order’ has not been defined in the Cr.P.C. Hon’ble Apex Court in the case of V.C. Shukla v. State, reported in AIR 1980 (SC) 962, has given following observation in para No.23 regarding the nature of interlocutory order:-

“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 the 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 proceeding, suit or trial but which does not however conclude the trial at all. This would be the result if the term interlocutory order is interpreted in its natural and logical sense without having to resort to Criminal Procedure Code or any other statute. ‘That 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 section 11(1) of the Act.”

Further, in the case of Madhu Limaye v. State of Maharashtra, reported in (1977) 4 SCC 551, the Hon’ble Apex Court has made following observations with regard to the criterion of interlocutory order:-

“Ordinarily and generally the expression ‘interlocutory order’ has been understood and taken to mean as a converse of the term ‘final order’. In volume 22 of the third edition of Halsbury’s Laws of England at page 742, however, it has been stated in para 1606:-

“……. a judgment or order may be final for one purpose and interlocutory for another, or final as to part and interlocutory as to part. The meaning of two words must therefore be considered separately in relation to the particular purpose for which it is required.’

In para 1607 it is said:-

“In general a judgment or order which determines the principal matter in question is termed “final”.”

In para 1608 at pages 744 and 745 we find the words:- “An order which does not deal with the final rights of the parties, but either (1) is made before judgment, and gives no final decision on the matters in dispute, but is merely on a matter of procedure, or (2) is made after judgment, and merely directs how the declarations of right already given in the final judgment are to be worked out, is termed “interlocutory”. An interlocutory order, though not conclusive of the main dispute, may be conclusive as to the subordinate matter with which it deals.”

As per these judicial pronouncements of the Hon’ble Apex Court, it is clear that if an order is passed in a pending proceeding or a trial and it does not terminate the proceeding finally and rights and liabilities of the parties are not decided in finality, then that order shall be considered as an interlocutory order.

In the case of Sumerchand v. Sandhuran Rani and Others, reported in (1987) Cr.L.J. 1396Sunil Kumar Sabharwal v. Neelam Sabharwal, reported in 1991 Cr.L.J. 2056 High Court of Haryana and a order dated 15.11.18 passed by the High Court of Uttarakhand in the case of Ashu Dhiman v. Smt Jyoti Dhiman, Cr. Misc. Application (C-482) No.434/2018, it has been held that an order passed for interim maintenance under provisions of Section 125 of Cr.P.C is not an interlocutory order, hence, criminal revision petition is maintainable against such order.

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After gaining years of experience working for law firms, Advocate Anoop Verma opened his own Law firm “Verma Law Associates” where he is able to provide quality legal services at reasonable rates.

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