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2014 Supreme(Kar) 12

ANAND BYRAREDDY
Umesh – Appellant
Versus
Subramanya Police Station, The State of Karnataka, Represented by State Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Sri. D.S. Hosmath, Advocate
For Respondents/Defendant: Government Pleader

ORDER

Anand Byrareddy, J.

1. Heard the learned counsel for the petitioner and the respondent. This petition filed under Section439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking that the petitioner be enlarged on bail, was dismissed for default by an order dated 4/6/2013. It is thereafter that the present application to recall the order dated 4/6/2013 is filed. At the outset, it was noticed that, by virtue of Section 362 of the Cr.P.C., there was doubt expressed as to whether this court could review the order having dismissed the petition for default. In this regard, the learned counsel has placed reliance on two decisions of this court namely Madaiah Vs. State of Mysore AIR 1963 Mysore 191 and Ibrahimsab vs. Faridabi ILR 1986 KAR 2251, to contend that that there is no bar to recall an order of dismissal for default though the inherent power of this court cannot be exercised in matters specifically covered by the provisions of the Code. Where the Code is silent about the power of the High Court in respect of any matter arising before it, it can pass suitable orders in exercise of its inherent powers to give effect to any order passed under the Code, or to prevent the abus













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