In Re: B. Runga Rao – Appellant
Versus
Unknown – Respondent
1. This is a petition to restore to the file Criminal Revision Petition 499 of 12 and Cr. M.P. 326 of 1912. Criminal Revision Petition 499 of 12 was a petition to this Court to revise an order of the Sessions Judge of Bellary in Criminal Appeal No. 38 of 12 in which he ordered a re-trial of the case before him. The petition came before this Court and the order passed on it was "Dismissed for default." The present petition is to restore it. It is clearly laid down in Referred Trial No. 40 of 05 of this Court that the High Court has no power to review its judgment in a referred trial. Their Lordships the Chief Justice and Moore J. considered the question as beyond argument. The same view has been taken by the Calcutta High Court in In the matter of Gibbons1 and by the Bombay High Court in Queen-Empress v. Bimappa Bin Ramanna. (1894) I.L.R. 19 B. 732 The language of Section 369 of the Criminal Procedure Code has been considered and the words have been treated as referring to the power of review given to the High Court under Section 434 on a point specially reserved by the Judge presiding at Sessions. Mr. Srinivasa Aiyangar who argued the point did not suggest that the decision
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