Bar On Revision Of Interlocutory Order U/S 438(2) Of BNSS Can't Be Bypassed By Invoking Inherent Jurisdiction: Delhi High Court
The Delhi High Court has held that the bar prescribed under Section 438(2) of the Bhartiya Nyay Surakhsha Sanhita 2023 against revision of interlocutory orders cannot be bypassed by invoking the High Court's inherent powers.
Justice Girish Kathpalia observed, “What is prohibited by law cannot be done by invoking inherent powers, as that would be allowing backdoor entry to the relief claimed,” and imposed Rs.20,000/- costs on the Petitioner.
The bench was dealing with a petition against trial court order issuing fresh summons to the Investigating Officer in a case registered under NDPS Act and Foreigners Act.
The direction was passed on Petitioner's application seeking preservation and production of CCTV footage from the concerned Police Station and office of Foreigners Regional Registration Officer.
As the IO was on leave, summons were issued afresh.
The High Court noted that the same was merely an interlocutory order and no substantive order had been passed by the Trial Court.
It said, “The provision under Section 438(2) of BNSS explicitly prohibits exercise of revisional powers against the interlocutory orders.”
“It is also not a situation of gross injustice,” the Court added.
As regards the prayer for preservation of CCTV footage, the High Court observed it is that very application on which the IO has been summoned by the Trial Court and hence, there is no occasion to pass any order on this issue.
Appearance: Mr. Anup Kr. Das and Mr. Uday Chauhan, Advocates for Petitioner; Ms. Manjeet Arya, APP for State with SI Yash Pal.
Case title: Ability Dodzi @ Chinazom Ability v. State NCT Of Delhi
Case no.: CRL.M.C. 4704/2025