SANKATHA SINGH versus STATE OF U.P.

SANKATHA SINGH versus STATE OF U.P.

An appellate court has no power to set aside its own order dismissing a criminal appeal (in circumstances where neither appellant nor counsel appeared), and order re-hearing, because sections 369 and 424 of the Code of Criminal Procedure, 1898, prohibit alteration or review of a judgment once signed, except to correct clerical errors. The omission to write a detailed judgment may allow a superior court to set aside the order, but not the same court.

Parties
Appellants: Sankatha Singh and others; Respondent: State of U.P.
Jurisdiction
India
Judgment Date
25 January 1962
Procedural Posture
Criminal Appeal / Supreme Court Appeal Against Dismissal of Criminal Revision From the High Court
Outcome
Appeal dismissed
Legal Topics
Appellate Procedure, Power to Review, Dismissal of Appeal for Default
Criminal Law Criminal Procedure Appellate Procedure Power to Review Dismissal of Appeal for Default

Case Brief

Summary, issues, holding and outcome

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Parties

Sankatha Singh and others

Appellants

State of U.P.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal Against Dismissal of Criminal Revision From the High Court

Legal Issues

  1. 1 Whether a criminal appellate court can order re-hearing of an appeal dismissed earlier when neither appellant nor counsel appeared?
  2. 2 Whether the appellate court has power to review its order after it has been signed?
  3. 3 Whether inherent powers can be exercised to do what the Code prohibits?

Ratio Decidendi

An appellate court has no power to set aside its own order dismissing a criminal appeal (in circumstances where neither appellant nor counsel appeared), and order re-hearing, because sections 369 and 424 of the Code of Criminal Procedure, 1898, prohibit alteration or review of a judgment once signed, except to correct clerical errors. The omission to write a detailed judgment may allow a superior court to set aside the order, but not the same court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed