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Report No. 141

3.2. Decisions of High Courts holding that power exists to restore criminal matters dismissed for default.-

In an Allahabad case1 criminal revision petition was dismissed for default by the High Court, under a misapprehension that no medical certificate of the petitioner or illness slip of his counsel had been filed. Both these documents were, in fact, on the record. The Allahabad High Court held that in exercise of its inherent powers, it could restore the case dismissed for default.

1. Ram Das v. State of Uttar Pradesh, AIR 1952 All 926 (927), para. 5 (Bind Basni Prasad, J.).

Need for amending the Law as regards to the Power of Courts to Restore Criminal Revision Applications and Criminal cases dismissed for Default in Appearance Back

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