STATE OF ORISSA versus RAM CHANDER AGARWALA ETC.

STATE OF ORISSA versus RAM CHANDER AGARWALA ETC.

The High Court has no power to review or revise its own order once pronounced in exercise of appellate or revisional jurisdiction under the Criminal Procedure Code. The review order passed by the High Court enhancing or recalling sentences is without jurisdiction and must be set aside.

Parties
Appellant: State of Orissa; Respondent: Ram Chander Agarwala
Jurisdiction
India
Judgment Date
05 October 1978
Procedural Posture
Criminal Appeal / Appeal From Orissa High Court's Order on Review of Sentence
Outcome
Appeal allowed; High Court's order set aside.
Legal Topics
Inherent Powers of High Court, Review of Judgment, Enhancement of Sentence, Criminal Procedure Code Sections 561 a, 362, 369, 424, 439
Criminal Law Inherent Powers of High Court Review of Judgment Enhancement of Sentence Criminal Procedure Code Sections 561 A, 362, 369, 424, 439

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Parties

State of Orissa

Appellant

Ram Chander Agarwala

Respondent

Procedural Posture

Criminal Appeal / Appeal From Orissa High Court's Order on Review of Sentence

Legal Issues

  1. 1 Whether the High Court has the jurisdiction to review its own judgment delivered in reference or revision applications under the Criminal Procedure Code.
  2. 2 Whether proper notice was given to the accused regarding enhancement of sentence from fine to imprisonment.

Ratio Decidendi

The High Court has no power to review or revise its own order once pronounced in exercise of appellate or revisional jurisdiction under the Criminal Procedure Code. The review order passed by the High Court enhancing or recalling sentences is without jurisdiction and must be set aside.

Court Disposition

Appeal allowed; High Court's order set aside.

Orders

  • High Court has no power to revise its own order under the Criminal Procedure Code.
  • The judgment passed in review is without jurisdiction and is set aside.