KUNJI LAL Vs. EMPEROR

JUDGEMENT

(1.) This is an application on behalf of one Kunji Lal asking for review of an order of this Court dismissing an application in Criminal Revision which had been signed and sealed before the application for review was made. The first question was whether such an application for review lies as learned Counsel contends under Section 561-A, Criminal P.C., or whether such an application is barred by the provisions of Section 369, Criminal P.C. In the Criminal Procedure Code. Act 10 of 1882. Section 369, appeared in the form: No Court, other than a High Court, when it has signed its judgment, shall alter or review the same, except as provided in Section 395 or to correct a clerical error.

(2.) This section was reproduced in somewhat similar terms in the Criminal Procedure Code of 1898: No Court, other than a High Court, when it has signed its judgment, shall alter or review the same, except as provided in Secs.395 and 484 or to correct a clerical error.

(3.) In 1923 there was introduced into the Code a new Section 561-A which laid down: Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.