C.JAGANNADHACHARYULU
Nongmaithem Modhu Singh – Appellant
Versus
Wahengbam Nodiachand Singh – Respondent
This is an application under S.561A., Criminal P.C., for reviewing the order passed on 22-3-1967 in Criminal Revision Case 9 of 1966 on the file of this Court.
2. The petitioners state that Criminal Revision 9 of 1966 was posted to 22-8-1967 for hearing, that the petitioner's Counsel fell ill and suffered from giddiness, that he could not attend the Court, that the Court refused to grant an adjournment and passed an order, that the said order should be reviewed and that Criminal Revision Case 9 of 1966 should be disposed of after hearing the petitioners' counsel. The petitioners further state that a question of law involving limitation, after the expiry of which the legal representative of the deceased was added and the propriety of the orders of the S. D. M. Imphal West under Ss. 145(6), 145(7) and 146 (1)(B), Criminal P.C., are involved.
3. The application is opposed by the first respondent on the ground that the Court has no power to review the order passed on 22-3-1967.
4. Section 561A, Criminal P.C., gives ample power to the High Court to review its own order when the conditions mentioned therein are satisfied. It runs as follows :
"561A. Saving of inherent power of High
(1960) AIR 1960 All 296 (V 47) : 1960 Cri LJ 552
(1959) AIR 1959 All 315 (V 46) : 1959 Cri LJ 543 (FB)
(1957) AIR 1957 Pat 33 (V 44) : 1957 Cri LJ 82
(1955) AIR 1955 All 712 (V 42) : 1955 Cri LJ 1557
(1954) AIR 1954 Bom 65 (V 41) : 1954 Cri LJ 48 (FB)
(1951) AIR 1951 All 435 (V 38) : 1951 All W R (HC)
(1951) AIR 1951 All 441 (V 38) : 1951 All L J 333
(1951) AIR 1951 Mad 611 (V 38) : 52 Cri L J 252
(1950) AIR 1950 Bom 202 (V 37) : 51 Cri L J 1126 (FB)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.