JUDGMENT

KRISHNA IYER, J.:—In our constitutional order, fragrant with social justice, broader considerations of final relief must govern the judicial process save where legislative interdict plainly forbids that course. The dismissal by the High Court, on a little point of procedure, has led to this otherwise avoidable petition for special leave, at a time when torrents of litigation drown this Court with an unmanageable flood of dockets. The negative order under challenge was made by the High Court refusing to exercise its inherent power under Sec. 482 of the Criminal Procedure Code (the Code for short) because the subject fell under its revisional power under S. 397 and this latter power was not unsheathed because a copy of the short order of the trial court had not been filed as required not by the Code, but by a High Court Rule, although the original order, together with all the records, had been sent for and was before the court. A besetting sin of our legal system is the tyranny of technicality in the name of finical legality, hospitably entertained sometimes in the halls of justice. Absent orientation, justicing becomes computering and ceases to be social engineering.

2. The