THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1929 of 2010 (Dated : 14-12-2010) Between: Kandula Anuradha Harnadhapuram, Nellore …Petitioner A n d Pilla Reddy Anand and State of A.P Rep. by the Public Prosecutor …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1929 of 2010 ORDER: This revision is directed against the order dated 13.10.2010 passed in Criminal Revision Petition No.32 of 2010 on the file of Sessions Judge, Nellore whereby and whereunder, the learned Sessions Judge rejected the request of the petitioner to submit arguments on her behalf. 2. Background facts, in a nutshell, leading to filing of this revision by the de facto complainant in S.C.No.39 of 2010 are:- The 1st respondent is A-1 in S.C.No.39 of 2010 on the file of I Additional Sessions Judge, Nellore. He filed Crl.M.P.No.33 of 2010 seeking for discharge. His application ended in dismissal. Assailing the order of dismissal of Crl.M.P.No.33 of 2010, A-1-Pilla Reddy Anand filed Criminal Revision Petition No.32 of 2010. He impleaded the State of Andhra Pradesh represented by Public Prosecutor and Kandula Anuradha-de facto complainant as respondents in the revision. The petitioner, who has been shown as 2nd respondent in the revision, made a request to the Sessions Judge to permit her to submit arguments. The learned Sessions Judge, by order dated 13.10.2010 rejected her request. Hence, this revision. 3. Heard learned counsel appearing for the petitioner and learned counsel appearing for the 1st respondent and learned Additional Public Prosecutor appearing for the 2nd respondent- State. 4. Learned counsel appearing for the petitioner submits that the 1st respondent having impleaded the petitioner herein as 2nd respondent in the revision cannot raise any objection for submitting arguments on her behalf in the revision. Learned counsel took me to Sections 397 and 401 Cr.P.C. Much emphasis has been laid on sub-section (2) of Section 401 Cr.P.C., which reads as hereunder:- “ No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard personally or by pleader in his own defence”. 5. Learned counsel appearing for the 1st respondent submits that the very revision itself is not maintainable since the order impugned in the revision is an interlocutory order in view of bar under sub-section (2) of Section 397 Cr.P.C. Sub-section (2) of Section 397 Cr.P.C reads as hereunder:- “The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceedings”. 6. The question is whether the rejection of request of the petitioner herein to submit arguments in Crl. Revision Petition No.32 of 2010 is an interlocutory order ? 7. POINT: I have given my anxious consideration to the rival contentions of the parties. The petitioner being the 2nd respondent in Criminal Revision Petition 32 of 2010 made a request to the learned Sessions Judge to hear her. The learned Sessions Judge rejected her request. Once the request of the petitioner is rejected, it amounts to denial of her right to oppose the criminal revision petition in spite of her being made as a party. So, rejection order in the given facts and circumstances, cannot be termed as an interlocutory order. Therefore, Section 397(2) Cr.P.C cannot be pressed into service. The petitioner herein has already been arrayed as 2nd respondent in Criminal Revision Petition No.32 of 2010. Such is the situation; rejection of the request of the petitioner by the learned Sessions Judge is contrary to sub-section (2) of Section 401 Cr.P.C. 8. Accordingly, the Criminal Revision Case is allowed setting aside the order dated 13.10.2010 passed in Criminal Revision Petition No.32 of 2010 on the file of the Principal Sessions Judge, Nellore. _____________________ B.SESHASAYANA REDDY, J Dt.14-12-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1929 of 2010 (Dated : 14-12-2010)