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    Emperor v. Mewa Ram And Others

    Daniels, J.:— In this case the Sessions Judge of Budaun has reported that while jail appeals on behalf of four persons, Mewa Ram, Khiali Ram, Sobha Ram and Chunni Lal, were pending, a petition of appeal on behalf of the same persons was filed through a mukhtar. The Sessions Judge was away on vacation at the time, and the latter petition of appeal, which was accompanied by an application for bail, was placed before the Sessions and Subordinate Judge of Bareilly who was receiving urgent criminal applications relating to the Budaun Judgeship at that time. Owing to some delay in the post the learned Sessions Judge decided and summarily rejected the jail appeals in ignorance that an appeal from a mukhtar in which counsel was to be heard had been presented. The learned Judge asks if he has power to set aside his own order dismissing the appeals. He has no such power, but this Court has power to do so, and in the exercise of the revisional jurisdiction of this Court I hereby set aside the orders rejecting the appeals of the four persons mentioned above, and direct the learned Judge to rehear the appeals after giving them an opportunity of appearing by counsel.

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    Emperor v. Mewa Ram And Others
    (Jul 15, 1925)