PANAH MOHD Vs. HASHAM KHAN

JUDGEMENT

(1.) THIS is a revision application by Panah Mohd. and Baldar Khan against the interim order of Shri S. N. Shrivastava, Additional Sessions Judge, Bhopal directing them to furnish security to the extent of Rs. 1,000/- so that if final orders in the present proceeding are against them, Hasham Khan, non-applicant, may be compensated to this extent.

(2.) HASHAM Khan had been served but he did not put in his appearance to oppose the present revision application. It was, therefore, heard in his absence though the State Counsel was given an opportunity to support the order if he considered necessary. The State Counsel has not opposed the revision application.

(3.) THE learned Sessions Judge, was of opinion that Sessions Judges had inherent powers similar to those of the High Courts as indicated in Section 561-A, Criminal P. C. and could consequently impose conditions so that the parties to the proceeding may not be adversely affected, if the decision of the High Court was eventually against the party which was held by the trial Court to be entitled to possession and was to continue in possession unless evicted under orders of a competent Court. For the purposes of the present case it is not necessary for me to express any opinion as to whether the Subordinate Criminal Courts possess such inherent powers or not. Even if it be presumed that they could exercise certain inherent powers so as to prevent the abuse of the process of the Court or to avoid the possibility of any injustice being done to a party as a result of an order to be passed by the Court, the present order directing the applicants to furnish security cannot be upheld.