Dismissed

Palak Dhari Sharma v. State of U.P. and Others

Allahabad HC5 Jan 2019CRLR/347/2004

Case brief

AI extract

What is this about?

This criminal revision against an order rejecting an application for restoration of proceedings was dismissed. The court held that a criminal court lacks jurisdiction to recall a judgment entered on merits or entertain an application for restoration after acquittal, outside the limited scope of correcting clerical or arithmetic errors permissible under Section 362 Cr.P.C.

What did the court decide?

Criminal revision petition dismissed, holding the trial court lacked jurisdiction to entertain the application for restoration of proceedings.

Palak Dhari Sharma Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL REVISION No. - 347 of 2004

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Revisionist :- Palak Dhari Sharma Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- Anil Kumar Singh Counsel for Opposite Party :- Govt. Advocate

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Hon'ble J.J. Munir,J.

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Case called on in revised list. No one appears on behalf of the revisionist.

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The Court has gone through the record with the assistance of Sri G.P. Singh, learned AGA appearing on behalf of the State.

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This criminal revision has been preferred by the complainant from an order of the learned Chief Metropolitan Magistrate, Kanpur Nagar dated 04.12.2003 passed in Criminal Misc. Application No. Nil of 2003 in Case No. 6799 of 1996 "State vs. Ghasitey Lal" (arising out of Case Crime No. 816A/1995) under Section 323 IPC, P.S. Chakeri, District Kanpur Nagar whereby the complainant after a judgement of acquittal had been entered in the case for want of evidence, sought restoration of proceedings, with a prayer to decide the case on merits after affording him opportunity to lead evidence in support of the prosecution.

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By the order impugned, the learned Magistrate has rejected the said application, saying that the case has been decided by his predecessor on 23.02.2000, and consigned to the record room, and, therefore, the learned Magistrate has no jurisdiction to entertain that application. It is well settled that a criminal court does not have any jurisdiction whatsoever to review its judgement except to the limited extent of correction of a clerical or arithmetic error, within the parameters of Section 362 Cr.P.C. Certainly, a criminal court has no jurisdiction to recall a judgement entered on merits, be it in the absence of a party, or opportunity to lead evidence. The tenor of the grounds taken, in support of the present revision, which the Court has examined at length with the assistance of the learned AGA show, that the revisionist has come up with a case of denial of opportunity to lead evidence in support of the prosecution, as he never got information of the date fixed before the trial court, being in the service of the Air-force ,and posted out to different stations. In case, the revisionist had found it to be a case of denial of opportunity, he could have challenge the judgement of acquittal dated 23.02.2000 before this Court, which is not the case

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instead, he has chosen illadvisedly to seek restoration of proceedings decided by a criminal court, which the law does not countenance.

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Considering the aforesaid facts and circumstances, this Court does not find any merit in this revision, and, accordingly, the same stands dismissed .

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Order Date :- 5.1.2019

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Deepak

Palak Dhari Sharma v. State of U.P. and Others

Case brief

What is this about?

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Palak Dhari Sharma v. State of U.P. and Others

Case brief

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