JUDGMENT

W. Comer Petheram, C.J. - In my opinion this Court has no power to review the order of Mr. Justice Duthoit, by which he dismissed the application for revision made by the accused, and therefore the only remedy is by an appeal to the prerogative of the Crown as exercised by the Local Government.

Brodhurst, J.

2. This is an application that this Court will, under the provisions of Section 369 of the Criminal Procedure Code, review an order passed, on revision, on the 12th August 1884, by Duthoit, J., who is no longer a Judge of this Court.

3. The question now arises whether a High Court in India can in any criminal case--i.e., as a Court of Original Jurisdiction, or as a Court of Appeal, or as a Court of revision--review its judgment or order.

4. A Full Bench of the High Court of Calcutta, in the case of Queen v. Godai Raout 51 W.R. C.R. 61 held that a review of judgment will not lie from a sentence or judgment pronounced by the High Court in a criminal case upon appeal, and the learned Judges were of opinion that "it was the intention of the Legislature that the Court should not exercise the power of reviewing its own judgment in criminal cases."

5. That Full Bench judgment was d