BNSS Section 438 anticipatory bailInterlocutory order meaningRevision petition under Section 439 BNSSJammu & Kashmir High Court latest judgments 2025BNSS vs CrPC comparisonIssuance of notice under anticipatory bailLegal bar on interlocutory order revision
Jammu & Kashmir & Ladakh High Court Judgment In a landmark decision under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 , the Jammu & Kashmir and Ladakh High Court has clarified that a revision petition cannot be entertained against an interlocutory order such as the issuance of notice in an anticipatory bail application under Section 438 BNSS . This ruling is crucial as it lays down clear procedural guidelines for the legal fraternity under the new criminal law regime replacing the CrPC from July 1, 2025 . Judgment : In [Petitioner Name Redacted] vs State of J&K and Others , Justice Rajnesh Oswal of the J&K and Ladakh High Court ruled that: “ Issuance of notice on an anticipatory bail plea under Section 438 of the BNSS is an interlocutory order , and hence, cannot be challenged by filing a revision petition under Section 439 of BNSS .” The court emphasized that such orders do not decide any rights or substantially affect the...