9911796707
TMI Blog1958 (3) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... Briefly the basis of the case was that Hoshiar Singh had used a forged result intimation card of the Punjab University for the purpose of obtaining a B. A., degree, and he was charged on this account under Section 465/471, I. P. C. Mulkh Raj was charged with the offence of forging the document in question and Vishnu Dutta was charged with abetment of the offence of forgery. 2. The investigation and trial apparently took a long time and the case was only decided in March 1956 by a Magistrate at Delhi, who convicted the petitioner and sentenced him to two years' rigorous imprisonment, but acquitted the other two accused on the ground that the offences alleged against them were not conclusively established, although according to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the process of any court or otherwise to secure the ends of justice. It seems to me that the intention of this section is to enable the High Court to pass orders not otherwise specifically provided for in the Code for the purpose of securing the ends of justice, and in my opinion it cannot possibly be used for the purpose of reopening a case finally and legally decided by the High Court itself whether in exercise of its appellate or revisional powers. In the present case if the petitioner considered that the dismissal of his revision petition by Kapur J. was wrong it was open to him to take steps to get the order set aside by way of appeal to the Supreme Court, which apparently he did not do. He cannot now possibly be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this is not a correct view nor do I agree with the manner in which the learned Judge has tried to get over the effect of Section 369 of the Code which provides -- Save as otherwise provided by this Code or by any other law for the time being In force or, in the case of a High Court established by Royal Charter, by the Letters Patent of such High Court, no Court, when it has signed its judgment, shall alter or review the same, except to correct a clerical error. The learned Judge did not consider that re-hearing of the case on the ground that the appellant had not been represented and heard did not amount to reviewing the judgment. In my opinion the present application is not even remotely covered by the provisions of Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
