STATE Vs. KAILASH CHAND JAIN

JUDGEMENT

(1.) This is an application u/S. 561A of the CrPC in which the following prayer has been made: - -

(2.) At the time when I decided the appeal and passed the aforesaid order u/S. 522 CrPC, it was not canvassed before me that having regard to the express language of S. 522 CrPC an order for delivery of possession of the house in (favour of) Pyarelal could not be legally passed. The present application was filed on 4 -9 -70 after I had signed the judgment dated 1 -9 -70. The first question for decision, therefore, is whether it is legally open to me u/S. 561A CrPC to modify the order already passed by me in regard to delivery of possession of the house in question to Pyarelal.

(3.) On behalf of the applicant it was urged that this court has ample powers u/S. 561A CrPC to entertain the application and also to allow the same if satisfied that it is a fit case in which the prayer should be granted. In support of this contention reliance was placed on two Full Bench decisions, one of this court and the other of the Bombay High Court. Reliance was also placed on the decision of learned Single Judge of this Court. The said cases are: Raj Narain v/s. The State ( : 1959 AWR 43); The State of Bombay v/s. Nikanth Shripad Bhave ( : AIR 1954 Bom 65); and Mohammad Wasi v/s. State ( : 1951 AWR 80).