Allahabad High Court has cited a landmark judgment here to hold as follow,
The Hon’ble Apex Court in the aforesaid verdict Municipal Corporation of Delhi Vs. Girdharilas Sapuru and others (Supra) has held that the discharge order terminates the proceeding and, therefore, it is revisable under Section 397 (1) Cr.P.C. This Court while passing the order in Criminal Misc. Writ Petition No.11721 of 2012 (Supra) has held that an order refusing discharge is not an interlocutory order, inasmuch as if the said application is allowed, it would terminate the proceedings, therefore, the revision against the said order would be maintainable.
In view of the aforesaid decisions, the revision against dismissing the discharge application was very well maintainable before the learned lower revisional court and as such, the order passed by the learned lower revisional court is not sustainable in law.
Anju and 6 Ors Vs State of U.P. and Anr on 02 December 2013 CRLP(A)_20954_2013
Citations:
Other Source links: http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=6568265 or https://www.casemine.com/judgement/in/5ac5e4224a93261a672e216f
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