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Report No. 141

1.3. An illustration of hardship.-

Prima facie, the present position, which in effect totally precludes the restoration of a dismissed criminal revisional application very often results in serious hardship and grave injustice. For example, take the case of an accused person who has been sentenced to a short term of imprisonment against which no appeal lies. If his application for revision in the High Court is dismissed for default by a signed order, he must either undergo the sentence even though the sentence might have been unwarranted in law, or approach the Supreme Court, after obtaining special leave.

This course would be too expensive, too time consuming, and virtually beyond the reach of an ordinary citizen. So also the dismissal of a meritorious complaint in a summons case (even when the default in appearance deserves to be excused on account of existence of sufficient cause) and the consequential acquittal of the accused person is fraught with similar consequence occasioning grave injustice to the aggrieved complainant. The need for addressing this problem also cannot be over-emphasised.

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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