LAWS(KER)-1983-12-23

K P PADRNACHANDRAN Vs. M A RADHAKRISHNAN

Decided On December 12, 1983
K.P. PADRNACHANDRAN Appellant
V/S
M.A. Radhakrishnan-Respondent Respondents

JUDGEMENT

(1.) This matter comes up on a reference by one of us. There I had said:

(2.) After hearing counsel on both sides, we think it is necessary that the Crl. R. P. should be reheard. The earlier order dismissing the same was really disposal for default. The counsel for the petitioner was absent, and without delay after the order was dictated counsel came and submitted that he was not able to be present on account of reasons beyond his control. As has been stated in the order of reference, the counsel for the petitioner had explained his absence and the court was inclined to accept his explanation.

(3.) In Madhu Limaye's case ( AIR 1978 SC 47 ) the Supreme Court has exhaustively discussed and delineated the law regarding inherent powers of High Court in criminal matters. For the purpose of securing the ends of justice if interference by the High Court is necessary, nothing said in any other provision will limit or affect the exercise of that inherent power. No doubt the High Court should exercise that power only very sparingly. There is no total ban on the exercise of inherent power where abuse of the process of the court or other extraordinary situation excites the court's jurisdiction. The limitation in respect of the inherent power is self restraint, nothing more.- see Raj Kapoor v. State ( AIR 1980 SC 258 ). In Shyam Sunder v. State of Rajasthan ( AIR 1982 SC 1175 ) the Supreme Court said in respect of an appeal dismissed for default by the High Court that although the High Court had given reasons for dismissing the appeal the fact remains that as the accused was not represented the possibility of the appellant having persuaded the High Court to take a different view cannot be reasonably excluded. In this view the Supreme Court allowed the Criminal Appeal filed before it, set aside the judgment of the High Court and remanded the appeal back to the High Court for disposal in accordance with law after hearing the parties.