JUDGEMENT
O.H.Mootham, C.J. -
(1.) The question which has been referred to this Bench is "whether this Court has power to
revoke, review, recall or alter its own earlier decision in a Criminal Revision and rehear the
same? If so, in what circumstances?"
(2.) It is common ground that there is no section of the Code of Criminal Procedure which
specifically confers such power on this Court, but it is contended that the Court has an inherent
power to review a judgment or order previously made by it on a criminal revision application if
it considers it expedient to do so in order to secure the ends of justice, and that that power has
been preserved by Section 561-A. There is authority which supports this view but, with great
respect, I do not think that the argument is well founded.
(3.) Section 561-A was introduced into the Code by the! Criminal Procedure Code (Amendment)
Act, 1923, and it provides that
"nothing in this Code 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.";
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