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Report No. 141

3.6. A Gauhati case: Dismissal of revision for default-not a "final order".-

In a Gauhati case1 a criminal revision petition was dismissed for default of appearance. The Gauhati High Court held that an order of dismissal of a criminal revision petition for default of appearance may not be regarded as a "final order" disposing of the case as envisaged in section 362, Code of Criminal Procedure, 1973, and as such, when one or more of the requirements of section 482 of the Code of Criminal Procedure, 1973 are present and where glaring injustice stares the court in the face, such an order can be set aside and the petition restored and heard on merits by the High Court, exercising its inherent powers.

1. Haji Sahajuddin Ahmad v. Banamali Das, (1983) Cri LJ (NOC) 173 (Gau) (K.N. Saikia, 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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