Knox and Karamat Husain, JJ.:— After hearing the learned Government Advocate, we have come to the conclusion that the powers conferred upon the Court in revision are wide enough to allow us to give leave, if we see fit, for the composition of an offence under section 325, Indian Penal Code. Section 423 of the Code is expressly mentioned in section 439, and all or any of the powers conferred on a court of appeal by section 423 are powers which this Court can exercise in revision. Section 423, clause (d), empowers an appellate court to make any amendment or any consequential or incidental order that may be just or proper. This Court in revision can therefore do the same. The leave that we give in a case of this kind would be an incidental order, and we think this case a proper one in which to give such leave. A very similar question was involved in the case of Abadi Begum v. Ali Husen (1). When this last named case was decided, this Court sitting as a Court in Revision considered itself empowered to pass an order under section 517 of the Criminal Procedure Code, although at that time clause (d) of section 423 did not exist as a portion of the Code of Criminal Procedure. In any case we are satisfied that we have the power. We grant the leave. The petition of composition when accepted by the court below will have the effect of an acquittal of the accused.
Application allowed.