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1964 Supreme(Ker) 111

P.GOVINDA MENON
Kannan – Appellant
Versus
Food Inspector, Cannanore Municipality – Respondent


Judgment :-

1. These two petitions under S.561A of the Criminal Procedure Code relate to the inherent power of the High Court to review or revise its own judgment. Cr. M.P. 590 of 1963 is for reopening Criminal Appeal 204 of 1963 disposed of by this court, on the ground that the petitioner's advocate was not heard in the matter. Cr. M.P. 591 of 1963 is to review the order passed by this court in Cr. M.P.122 of 1963 condoning the delay in filing the application for leave to appeal under S.417[3], on the ground that the Supreme Court has held recently that S.5 of the Limitation Act would not apply to applications under S.417, Cr. P.C.

2. S.369 Cr. P.C., enacts that save as otherwise provided by this Code or by any other law for the time being in force or, in the case of High Court by the Letters Patent or other instrument constituting such High Court no court, when it has signed its judgment, shall alter or review the same except to correct a clerical error. But S.369 appears in Chapter XXVI of the Criminal Procedure Code, which relates only to judgments pronounced by the trial court including the High Court in the exercise of its original criminal jurisdiction and so we have to go to






















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