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1995 Supreme(Ker) 103

M.M.PAREED PILLAY, T.V.RAMAKRISHNAN
Dharmarajan – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Pareed Pillay, CJ.

The question that arises for consideration is whether the inherent powers of the High Court can be invoked in a case where revision is barred under S.397(3) of the Criminal Procedure Code. Matter has been referred to the Division Bench by Thomas, J.

2. Petitioner is alleged to have committed offence under S.55(a) of the Abkari Act. In C.C. 284 of 1989 Magistrate found him guilty under S.55(a) of the Act and convicted and sentenced him to undergo rigorous imprisonment for one year and also' to pay fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for a further period of three months. The appeal filed by him was dismissed by the Assistant Sessions Judge. Revision was also dismissed by the Additional Sessions Judge. It is against the order in Crl.R.P. 69 of 1992 that the above Crl.M.C. has been filed before this Court.

3. Section 397 of the Code enables the High Court or the Sessions Judge to call for and examine the record of any proceeding before any inferior Criminal Court for the purpose of satisfying as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proc











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