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1958 Supreme(All) 188

M. L. CHATURVEDI, O. H. MOOTHAM, RAGHUBAR DAYAL
RAJ NARAIN – Appellant
Versus
STATE – Respondent


Advocates Appeared:
B.N.Katju, R.C.GHATAK

O. H. MOOTHAM, CJ.

( 1 ) THE question which has been referred to this Bench is "whether this Court has power to revoke, review, recall or alter its own earlier decision in a Criminal Revision and rehear the same? If so, in what circumstances?"

( 2 ) IT is common ground that there is no section of the Code of Criminal Procedure which specifically confers such power on this Court, but it is contended that the Court has an inherent power to review a judgment or order previously made by it on a criminal revision application if it considers it expedient to do so in order to secure the ends of justice, and that that power has been preserved by Section 561-A. There is authority which supports this view but, with great respect, I do not think that the argument is well founded.

( 3 ) SECTION 561-A was introduced into the Code by the! Criminal Procedure Code (Amendment) act, 1923, and it provides that

"nothing in this Code be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. "

( 4 ) AT first sight this sect




































































































































































































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