Spencer, J.

1. This criminal revision case originated in a reference made by the District Magistrate, Trichinopoly, under Section 438(1), Cr.P.C. recommending an enhancement of the sentences which-were reduced in consequence of the appeal of the accused to the Sub-Divisional Magistrate. Their appeal was decided on August 10th, 1923. A revision petition (Cr.R.C. No. 561 of 1923) against their conviction was presented to this Court by Mr. V.L. Ethiraj and was dismissed by Mr. Justice Krishnan on 15th August, 1923, without giving notice to the Public Prosecutor.

2. Dr. Swaminadhan took the preliminary objection to our proceeding to hear the present criminal revision case, that this Court having already disposed of a revision petition in respect of the same criminal case is functus officio and cannot re-open the matter. In other words he argued that the High Court has no power of revision over the criminal proceedings of inferior Courts. He referred to Section 369, Cr.P.C. and to In re Runga Rao (1912) 23 M.L.J. 371 and an unreported case In re Kunhammad Haji A.I.R. 1923 Mad. 426 in which it was held that an order passed in the exercise of the High Courts powers of criminal revis