Garre Venkata Siva Sri Rama Prasad v. Gelli Satyanarayana
2004-09-16
C.Y.SOMAYAJULU
body2004
DigiLaw.ai
( 1 ) THIS petition is filed to recall the order dated 18-8-2004 passed in criminal Petition No. 3791 of 2004 dismissing the petition as withdrawn. The contention of sri Vedula Venkataramana is that since the petitioner never instructed his Counsel to withdraw the petition, and since withdrawal of the petition by a Counsel without specific instructions by the client is improper, the order dismissing the petition may be recalled as this Court has inherent power to recall its order and as in fact petitioner had no advantage by withdrawing the petition, and if the case was argued on merits at best the petition could have been dismissed and the order of the Court below would have been confirmed, and so an opportunity may be given to the petitioner to argue the case on merits. ( 2 ) I am unable to agree with the contention of Sri Venkataramana that counsel for a party has no power to withdraw the case without specific instructions from the client. It is no doubt true that if a petition is argued on merits, as contended by the learned Counsel, the worst that could have happened was dismissal on merits. The Counsel for petitioner could have thought that dismissal on merits may not be in the best interest of the petitioner, for various reasons, which are not relevant for disposal of his petition. Counsel for a party, if he feels that it would be in the interest of his client, certainly has the power to withdraw the proceedings. If the client feels aggrieved by the action of the Counsel in withdrawing the case without his instructions, his remedy is elsewhere but not by filing a petition to recall the order, I must also state that counsel withdrawing a case without specific instructions of his client, is not at all a ground for recalling the order of dismissal of a proceedings as withdrawn. Hence, the criminal miscellaneous petition is dismissed.