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1958 Supreme(SC) 126

B. P. SINHA, K. N. WANCHOO, K. SUBBA RAO, N. H. BHAGWATI, S. R. DASS
Pranab Kumar Mitra – Appellant
Versus
State Of W. B. – Respondent


Advocates:
C.P.LAL, H.J.Umrigar, R.H.Dhebar

Judgement Key Points

Based on the provided legal document, here are the key points:

  • The Supreme Court determined that a pending application in revision under Section 439 of the Code of Criminal Procedure does not automatically abate on the death of the petitioner, unlike appeals which are governed by Section 431. (!) (!) (!)
  • In the absence of a specific statutory provision for criminal revision cases (unlike Section 431 for appeals), the High Court retains the discretionary power to exercise its revisional jurisdiction to ensure justice is done, even after the death of the petitioner. (!) (!)
  • The High Court is not bound to treat a pending revisional application as abated solely because the petitioner died, nor is it bound to allow substitution in every case; it must decide based on the facts and requirements of justice. (!)
  • If the High Court chooses to entertain a revisional application or calls for the record suo motu after the death of the convicted person, it has the power to examine the correctness, legality, or propriety of the entire order, including the conviction itself, not just the sentence of fine. (!)
  • The interest of the legal representative in recovering a fine from the deceased's estate entitles them to question the correctness of the conviction, as a conviction implies a liability for fine which would otherwise fall upon the estate. (!)
  • The Supreme Court allowed the appeal and remanded the case to the High Court to be dealt with in accordance with law, correcting the High Court's earlier limitation to only reviewing the fine. (!)

Judgement

B. P. SINHA, J. : The simple question for determination in this appeal on a certificate of fitness granted by the High Court of judicature at Calcutta, is whether a pending application in revision made under S. 439 of the Code of Criminal Procedure (to be referred to hereinafter as the Code), finally abates on the death of the petitioner in the High Court, and if so, to what extent.

2. It is not necessary to set out, in detail, the facts of the prosecution case and the evidence upon which the findings of the courts of fact were based, except to state that the appellant s father, Sailendra Sundar Mitra, was tried and convicted by a Magistrate of the first class, at Alipore. The appellate court has set out the case against the accused in these words: "The charge against the accused was that on the 2nd December, 1946, at Garden Reach, the accused, being an employee as Establishment Clerk of B. C. II Section in the Traffic Accounts Office of B. N. Railway (now Eastern Railway), cheated the said B. N. Railway Administration by dishonestly inducing it by means of false representation in the pay bill of the nongazetted staff for November, 1946, to deliver to him Rs. 205-13-0 and t











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