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2011 Supreme(Ker) 1002

PIUS C.KURIAKOSE, N.K.BALAKRISHNAN
Sreedharan – Appellant
Versus
Bharathan – Respondent


Advocates Appeared:
For the Petitioner:Sunny Mathew, Alexander George, George Mathew, S. Krishna Kumar, K.C. Sudheer, A.P. Subhash, T.P. Pankajaskshan, S. Santhosh Kumar, V.R.K. Kaimal, P. Bani, P.K. Mohanan, Sajan Varghese, Santhosh P. Poduval, K. Anand and P.V. Dileep, Advocates.
For the Respondent:Additional Public Prosecutor (S.U. Nazar) and R. Bindu Sasthamangalam, Advocates.

ORDER :

Pius C. Kuriakose, J.

All these Criminal Miscellaneous Applications are before us pursuant to a reference order passed by a learned Single Judge of this Court Sri.V.K.Mohanan (J) on 18.01.11 in separate Criminal M.As in Criminal R.P. Nos. 1629/10,2542/10, 2664/10 and 2138/10 and by subsequent reference orders in other cases. The issue which requires to be resolved is whether the High Court will be justified in enlarging the time already fixed for payment of fine while disposing of Criminal R.Ps in exercise of its revisional powers under Sections 397, by resorting to its inherent powers under Sections 482 of the Criminal Procedure Code Incidentally the question to be decided is whether invocation of the powers under Sections 482 for the purpose of enlarging the time fixed under a judgment passed in revision is permissible in view of the limitations prescribed by Sections 362 of the Cr. P.C. which is to the effect that no court when it has signed its judgment or final order of disposal of a case shall alter or review the same except to correct clerical or arithmetical errors.

2. The Criminal Revision Petitions in all these cases were filed by accused persons challenging their co





















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