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TMI Blog1974 (10) TMI 110X X X X Extracts X X X X X X X X Extracts X X X X ..... ur Police Station against Respondents Nos. 2 and 3 and the two coolies who were unloading the logs of wood. On the basis of this first information report, Respondents Nos. 2 and 3 were prosecuted in the Court of the Magistrate, Alipore. Respondent No. 1 was also joined as an accused though his name did not appear in the first information report. The two coolies were absconding and they were, therefore, left out of the criminal case. The charge against Respondent No. 1 was that though residents of the locality had repeatedly asked him not to allow entry of lorries dangerously loaded with heavy logs of wood into the narrow lane, he did not pay any heed and on or about 17th May, 1965 the third respondent engaged by him drove the lorry in quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court by an Order dated 7th April, 1970 allowed the application and quashed the proceeding on the ground that no prima facie case was at all made out and the continuance of the proceeding was, therefore, an abuse of the process of the Court. The State was of the view that once the High Court had rejected an application for quashing the proceeding by its Order dated 12th December, 1968, it was not competent to the High Court to entertain another application for the same purpose as that would amount to the High Court reviewing its earlier Order which the High Court had no jurisdiction to do: An application was, therefore, made by the State to the High Court for leave to appeal to this Court under Article 134 of the Constitution and such lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court in U. J. S. Chopra v. State of Bombay where M. H. Bhagwati, J., speaking on behalf of himself and Imam, J., observed that once a judgment has been pronounced by the High Court either in exercise of its appellate or its revisional jurisdiction, no review or revision can be entertained against that judgment and there is no provision in the Criminal Procedure Code which would enable the High Court to review the same or to exercise revisional jurisdiction over the same. These observations were sought to be explained by Mr. Mukherjee on behalf of the first respondent by saying that they should not be read as laying down any general proposition excluding the applicability of Section 561A in respect of an Order made by the High Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But, thereafter, the criminal case dragged on for a period of about one and half years without any progress at all and it was in these circumstances that respondents Nos. 1 and 2 were constrained to make a fresh application to the High Court under Section 561-A to quash the proceeding. It is difficult to see how in these circumstances it could ever be contended that what the High Court was being asked to do by making the subsequent application was to review or revise the Order made by it on the earlier application. Section 561-A preserves the inherent power of the High Court to make such Orders as it deems fit to prevent abuse of the process of the Court or to secure the ends of justice and the High Court must, therefore, exercise its inher ..... X X X X Extracts X X X X X X X X Extracts X X X X
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