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Report No. 141

1.2. Need for remedial measures.-

The aforesaid statutory provisions cause and are likely to cause serious hardship and injustice in practice in several cases. The Law Commission of India is, therefore, of the opinion that there is a felt need for enacting provisions in the Code empowering the restoration of a criminal case dismissed for default of appearance and for setting aside the consequential order of acquittal in a case where the order is occasioned by the default in appearance of the complainant if sufficient cause exists for his default.

As also for the restoration of a criminal revision dismissed for such a default in appearance. For, it appears that because of the bar created by section 362 against the review of a final order and because of the limitations of section 482 of the Code (which deals with the inherent power of a High Court), it would not be permissible under the present law for the court to resort to the inherent power for restoring such proceedings even in order to secure the ends of justice.

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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