Madhu Limaye v. State of Maharashtra

Issues

• Does framing of charges count as an interlocutory order under Section 397(2) CrPC?
• Was the revision before the High Court maintainable despite Section 397(2)?

Rules

• Some orders are neither final nor purely interlocutory; they are intermediate and may be examined.
• The bar in Section 397(2) aims at purely interlocutory orders, not such intermediate orders.
• Section 482 (inherent power) survives: it can be used to prevent abuse of process or to secure justice when no other remedy works.

Arguments

Judgment (Supreme Court)

• There exists a category of intermediate orders—neither final nor purely interlocutory.
• The bar in Section 397(2) is aimed at purely interlocutory orders and is not automatically attracted to intermediate orders.
• Section 482 remains available where needed to stop abuse of process or to secure justice.
• Appeal allowed; High Court’s rejection on maintainability set aside; matter remitted for decision on merits.

Ratio Decidendi

Orders during trial form a spectrum. If an order substantially affects rights, it may be intermediate. Such orders are not hit by the Section 397(2) bar; and where needed, Section 482 empowers the High Court to intervene.

Why It Matters

• Stops blanket denial of remedies against important interim orders.
• Preserves the High Court’s role to prevent injustice.
• Guides practitioners on when to use revision and when to use inherent powers.

Key Takeaways

1. Interlocutory ≠ all interim: some are intermediate.
2. Sec. 397(2) bars only purely interlocutory orders.
3. Sec. 482 is the safety valve for justice.

Mnemonic + 3-Step Hook

Mnemonic: “Intermediate, not Interlocutory — use Inherent power” — III.

1. Identify: Is the order intermediate?
2. Interpret: Sec. 397(2) doesn’t block everything.
3. Invoke: Use Sec. 482 if justice needs it.

IRAC Outline

Issue: (i) Is a charge order interlocutory? (ii) Is revision barred by Sec. 397(2)?

Rule: Intermediate orders exist; Sec. 397(2) bars only purely interlocutory orders; Sec. 482 can be used to secure justice.

Application: Charge order impacts substantial rights—treat as intermediate; High Court should consider merits.

Conclusion: Remand to High Court; inherent powers preserved.

Glossary

Interlocutory Order

A purely temporary step that does not affect substantial rights.

Intermediate Order

An important interim order that impacts rights; not purely interlocutory.

Section 482 CrPC

High Court’s inherent power to prevent abuse of process or secure justice.

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