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1964 DIGILAW 32 (MAD)

C. Lakshmana Iyer v. Pubbi Setti Sethamma

1964-01-15

P.KUNHAMED KUTTI

body1964
Order.-This is a petition filed by the petitioner in Crl.R.C. No. 1506 of 1962 on the file of this Court, under section? 439 and 561-A of the Criminal Procedure Code for the restoration to file of the said Crl.R.C. No. 1506 of 1962 dismissed by me on 12th November, 1963. That was a Revision Case filed by the petitioner against the order of the learned-Third Presidency Magistrate, Saidapet, discharging the accused in a complaint filed by the petitioner under sections 352, 448, 457, 427, 380, 506 and 120-B of the Indian Penal Code. The learned Magistrate examined in the case six witnesses. and marked eight documents on the side of the petitioner and two documents on the side of the accused and came to the conclusion that sufficient material had not been furnished before him to justify a charge in respect of any of the offences against the accused. Against that order, the petitioner filed a Revision Petition in this Court. The case was on the list for some days, and when it came up for hearing, the petitioner was absent and had no Counsel to represent him. In the circumstances, I looked into the papers and disposed of the case on merits holding that there was no-justification to interfere with the order of discharge passed by the learned Magistrate. Since the disposal was on merits, there is no reason to set it aside on the ground it was an expare disposal. This view has been consistently held by this Court in. Ranga Row v. Emperor1, and in Subramania Kandar v. Ramaswami Kandar2. In the last mentioned case Govinda Menon, J., held that a Revision dismissed for default of appearance could not be restored to file In Anthony Doss, In re3, Sadasivam, J., had to consider a similar cases, where a Criminal Revision Petition was dismissed on merits, when the petitioner and his Advocate were absent at the hearing. The learned Judge held that the petition could not be restored nor could the order be reviewed. He also observed that the High Court had no inherent power to alter or review its own judgment in a Criminal Case once it had been pronounced and signed. In the circumstances, it seems to me that there is no justification to set aside the order passed by me on merits in this case. The petition is, therefore, dismissed. R.M. ------ Petition dismissed.