A S BHAGAT Vs. STEELS WORTH LTD

JUDGEMENT

(1.) The question is whether this court is competent to recall or set aside its own judgment passed on merit in a Criminal Revision and rehear the matter. The present application is purported to be under Sections 397/401/482 of the Criminal Procedure Code praying to recall the judgment dated 28.6.1985 passed in Criminal Revision No. 78 of 1982 and for rehearing of the matters.

(2.) The present petitioner was one of the respondent in that Revision. The Revision came up for hearing on 28.6.1985. Respondents lawyer Mr. S. Hirmiwal was absent on that day. The case being ready for hearing was heard. Learned counsel Mr. C. K. S. Barua argued for the petitioner in the Revision and Mr. A. H. Saikia, Public Prosecutor argued for the respondent No. 3. State of Assam and judgment was delivered on merit in open court on that very day the 28.6.85.

(3.) Now learned counsel Mr. S. K. Sen for the present petitioner submitted that this court has ample power under Section 482 of the Criminal Procedure Code to recall its own judgment and rehear the matter because the judgment was rendered without hearing the party due to absence of lawyer. Mr. K.C. Bezbarua for the respondent submitted that the court has no power to recall its judgment and that the Criminal Procedure Code has not prescribed any such provision. The submission of Mr. Sen is not acceptable.