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PETITIONER: PRANAB KUMAR MITRA
Vs.
RESPONDENT: THE STATE OF WEST BENGAL AND ANOTHER
DATE OF JUDGMENT: 03/10/1958
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. SUBBARAO, K. WANCHOO, K.N.
CITATION: 1959 AIR 144 1959 SCR Supl. (1) 63 CITATOR INFO : R 1962 SC1530 (11,12) RF 1964 SC1645 (2,9,14,15,16) RF 1979 SC 745 (72)
ACT: Criminal Revision-Death of Petitioner Pending hearing- Application by legal representative to be added as party- Power of High Court-if can consider legality of conviction- Code of Criminal Procedure (Act V of 1898), ss. 439, 435, 431.
HEADNOTE: There is no provision in the Code of Criminal Procedure which limits the wide discretionary power conferred on the High Court by s. 439- read with s. 435 Of the Code of Criminal Procedure to examine the correctness, legality or propriety of any finding, sentence or order passed by an inferior Court and, where it chooses to interfere either suo motu or at the instance of a party, it has thereunder the power, in the ends of justice, not only to bring the legal representative of a deceased party on record but also to consider the legality of the order of conviction even when the sentence inflicted may be a composite one of imprisonment and fine. Imperatrix ...