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Report No. 141

2.4. Conflicting views and their genesis.-

There are conflicting views among the High Courts on the question whether a court is empowered to order the restoration of a criminal revision petition dismissed for default. To a great extent, this conflict owes itself to .the interpretation to be placed on two important provisions of the Code of Criminal Procedure, 1973, one positive and the other negative. The positive provision is contained in section 482 of the Code which recognises the inherent power of the High Court, to be exercised for securing the ends of justice and for the purposes mentioned in the section.

The negative provision is to be found in section 362 of the Code, which (in effect) bars review or alteration of a judgment or final order once it is signed in the context of the controversy as to whether an order dismissing the Revisional application otherwise than on merits, is a 'judgment' or 'final order' within the meaning of the said section.

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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