TMI Blog2015 (1) TMI 1496X X X X Extracts X X X X X X X X Extracts X X X X ..... ure, can be set aside by revisional court - By invoking inherent, powers under Section 482 of Cr.P.C. such type of mistake committed by passing the illegal order can be corrected by this Court. The impugned order passed by the courts below are hereby set aside - petition allowed. - B.D. Rathi, J. For the Appellant : Rajmani Bansal, Imrat Singh Ghanshyam and Madan, Advocates. For the Respondents : Lallan Mishra, Panel Lawyer. JUDGMENT B.D. RATHI, J. 1. Heard. This petition under Section 482 of the Code of Criminal Procedure has been preferred invoicing the inherent powers of the Court for the following relief: By allowing the present petition, order passed by the Revisional Court dated 29.11.2014 in Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lenged in revision but the same was dismissed on the ground that the order passed under Section 311 of Cr.P.C. is an interlocutory order and 'no revision is maintainable under Section 397(2). 3. It is submitted by Shri Bansal, learned counsel for the petitioners that because the case was already fixed for final judgment, therefore, it cannot be said that enquiry or trial is pending and hence on the date fixed for judgment such kind of application preferred under Section 311 of Cr.P.C. could not have been entertained by the learned trial court. Apart that it is a settled law that to fill up the lacuna, witnesses should not be called by invoking powers under Section 311 of Cr.P.C. In support of such contention, attention of the Court h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witnesses, or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. Section 353(1) of the Code of Criminal Procedure, speaks about judgment. 353(1): The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleader. (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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