A.P.SEN
Shyam Bihari – Appellant
Versus
State of Madhya Pradesh – Respondent
( 1. ) THIS order will also govern the disposal of Misc. Criminal Case No. 32 of 1972 (Kailash Dubey v-State of M. P.) These are two petitions under Section 561-A of the Code of Criminal Procedure for setting aside the judgment and sentences passed by me in Criminal Appeal No. 608 of 1969 (Awadesh Singh v. The State of M. P. ). decided on 27-10-1971.
( 2. ) HAVING heard the Parties at a considerable length. I have formed the opinion that these petitions must be dismissed. In my view, the petitioners have chosen a wrong forum for the redress of their grievances, if any. Their remedy lay by way of an appeal to the Supreme Court of India.
( 3. ) THREE questions arise for considerations in these petitions namely:
(1) Whether the High Court has any jurisdiction to review its judgment or sentences in exercise of its inherent powers under Section 561-A of the Code of Criminal Procedure? (2) Whether the judgment and sentences passed by me in appeal were a nullity, having regard to the provisions contained in rule 1 (a) (iv ). Chapter I of the High Court Rules? (3) Whether the petitioners were not served with any notices under Section 423 (1a) of the Code of Criminal Procedure, and a
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