High CourtsSingle Bench(1981) 03 MAD CK 0005

A. Paramasivan vs State

Madras High Court · Decided on 20 March 1981

HON’BLE JUDGES
Nainar Sundaram, J
RESULT
Dismissed
CASE NUMBER
Criminal M.P. No. 641 of 1981 in Criminal R.C. 1098 of 1979

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Judgment

10 paragraphs · 218 words

Nainar Sundaram, J.—This is a petition to review the order, dated 25th October, 1980 passed in Crl. R C. No. 1098 of 1979. The said

order is one that has come to be passed on merits even though there was no representation on behalf of the petitioners in the criminal revision case.

Further, the present petition has been laid under S. 482, Crl. P.C. 1973. That section deals with the inherent powers of this Court. The power of

review or revision cannot be claimed under the inherent powers of this Court in the absence of specific provision to that effect in the Code of

Criminal Procedure. A similar question arose for consideration in State of Orissa Vs. Ram Chander Agarwala and Others, and the Supreme

Court, while dealing with a similar provision, namely, S. 561-A, Crl. P.C. 1898,countenanced the proposition that once a judgment has been

pronounced by a High Court, either in exercise of its appellate or its provisional jurisdiction, no review or revision can be entertained against that

judgment as there is no provision in the Code of Criminal Procedure which would enable the High Court to review the same or to exercise

provisional jurisdiction.

2.

The position being clear as above there is no scope for entertaining this petition and accordingly the same is dismissed.