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Aziz Ahmad vs Buddhu Khan And Ors.

High Court Of Judicature at Allahabad|12 April, 1923

JUDGMENT / ORDER

JUDGMENT Daniels, J.
1. This is an application in revision asking this Court to make, under Section 522 of the Code of Criminal Procedure, an order for the restoration of the property which the Trial Ccuit has refused to make. The discretion to pass or not to pass such an order is very clearly vested by the section in the Trial Court which says that the Court may pass such an order if it thinks fit. I know of no case in which a Court of Appeal or Revision has compelled a Court to pass such an order in a case in which in the exercise of its descretion it has declined to do so. Indeed, there is the authority of two High Courts, those of Calcutta and the Punjab, for the view that a Court of Appeal or Revision has no power to do so. This was held by the Calcutta High Court in the case of Bhagbat Shaha v. Siddique Ostagar 16 Ind. Cas. 176 : 39 C. 1050 : 16 C.W.N. 811 : 13 Cr. L.J. 608 and by the Punjab High Court in Muhammad Din v. Emperor 48 Ind. Cas. 510 : 14 P.R. 1919 Cr. : 20 Cr. L.J.30 : 1 P.W.R. 1919 Cr. : 33 P.L.R. 1919. Even if this Court in revision has power to pass the order applied for there are no such exceptional circumstances in this case as would justify such action. I dismiss the application.
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Title

Aziz Ahmad vs Buddhu Khan And Ors.

Court

High Court Of Judicature at Allahabad

JudgmentDate
12 April, 1923
Judges
  • Daniels