MARIABHILLI RAMANNA Vs. ANDHAVARAPU DHARMAYYA

JUDGEMENT

(1.) This revision case is against an order reviewing the earlier order discharging the accused under S. 249 Cr.P.C.

(2.) The Court below relied upon the decision of the Patna High Court reported in Subhlal Gope v. State of Bihar AIR 1971 Patna 151 : (1971 Cri LJ 630) wherein it is held that the court has inherent power to review its own orders.

(3.) The learned counsel for the petitioner contended that the power of review is not conferred under the provisions of Cr.P.C. and as such the impugned order is devoid of jurisdiction and illegal. The reliance is made upon the Full Bench decision of this court in Public Prosecutor, A.P. v. Devireddy Nagi Reddy, (1962) 2 ALT 128 : (1962 (2) Cri LJ 727) wherein it is held that the power of review is not inherent in any court unless it is conferred by a statute.