A PARAMASIVAN Vs. STATE

JUDGEMENT

(1.) This is a petition to review the order, dated 25th October, 1980 passed in Crl. R C. No. 1098 of 1979. The said order is one that has come to be passed on merits even though there was no representation on behalf of the petitioners in the criminal revision case. Further, the present petition has been laid under S. 482 , Crl. P.C. 1973. That section deals with the inherent powers of this Court. The power of review or revision cannot be claimed under the inherent powers of this Court in the absence of specific provision to that effect in the Code of Criminal Procedure. A similar question arose for consideration in State of Orisa v. Ramachander, 1979 AIR(SC) 87 and the Supreme Court, while dealing with a similar provision, namely, S. 561A, Crl. P.C. 1898,countenanced the proposition that once a judgment has been pronounced by a High Court, either in exercise of its appellate or its provisional jurisdiction, no review or revision can be entertained against that judgment as there is no provision in the Code of Criminal Procedure which would enable the High Court to review the same or to exercise provisional jurisdiction.

(2.) The position being clear as above there is no scope for entertaining this petition and accordingly the same is dismissed.