H.P. GUPTA versus MANOHAR LAL A.ND ORS.

H.P. GUPTA versus MANOHAR LAL A.ND ORS.

The appellate or revisional Court has the power to order restoration of possession of immovable property under s. 456(2) CrPC at any time, exercised with discretion and within reasonable time after disposal of the appeal, reference, or revision; the phrase 'while disposing of the appeal, reference or revision' does not restrict the timing of the order nor require it to be part of the judgment disposing of the appeal.

Parties
Appellant: H. P. Gupta; Respondents: Manohar Lal and Ors.
Jurisdiction
India
Judgment Date
03 November 1978
Procedural Posture
Criminal Appeal / Appeal by Special Leave From Delhi High Court
Outcome
appeal allowed
Legal Topics
Restoration of Possession, Powers of Appellate and Revisional Courts Under Cr PC S. 456(2)
Criminal Law Procedure Restoration of Possession Powers of Appellate and Revisional Courts Under Cr PC S. 456(2)

Case Brief

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Parties

H. P. Gupta

Appellant

Manohar Lal and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal by Special Leave From Delhi High Court

Legal Issues

  1. 1 Whether the Court of Appeal, after having disposed of the appeal, has the power to order restoration of possession of immovable property under s. 456(2) of the Code of Criminal Procedure, 1973

Ratio Decidendi

The appellate or revisional Court has the power to order restoration of possession of immovable property under s. 456(2) CrPC at any time, exercised with discretion and within reasonable time after disposal of the appeal, reference, or revision; the phrase 'while disposing of the appeal, reference or revision' does not restrict the timing of the order nor require it to be part of the judgment disposing of the appeal.

Court Disposition

appeal allowed

Orders

  • The impugned order passed by the High Court dated September 25, 1975 is set aside.
  • The restoration order passed by the Additional Sessions Judge on February 1, 1975 is restored.