Court refused review of an order dismissing a writ petition regarding rejection of furlough leave, holding Section 362 Cr.P.C. bars alteration without clerical error.
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jdk 1 12.cri.appw.106.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 106 OF 2014 IN
CRI. WRIT PETITION NO. 2671 OF 2013
Sanjay Arjun Pawar
.. Applicant
Vs.
The State of Maharashtra
.. Respondent
Mrs. Nasreen S.K. Ayubi Advocate appointed for the applicant Mrs. A.S. Pai A.P.P. for the State
CORAM : SMT.V.K.TAHILRAMANI ACTING C.J. & DR.SHALINI PHANSALKAR-JOSHI, J.
DATED : DECEMBER 14, 2015
P.C.:
2 The applicant has preferred this application for review of the order passed in Cri. Writ Petition No. 2671 of 2013. The applicant had preferred Cri. Writ Petition No. 2671 of 2013 being aggrieved by the fact that his application for furlough leave came to be rejected. The said Writ Petition came to be dismissed by this Court by order dated 15.1.2014 by observing as under:
" We do not find any error in the view adopted by the
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jdk 2 12.cri.appw.106.14.doc
authorities concerned. No interference is warranted. Dismissed."
3 The applicant is now seeking that the said order dated 15.1.2014 be reviewed. It is seen that order dated 15.1.2014 is passed in Cri. Writ Petition by this Court. Section 362 of Cr.P.C. states as under:
" 362 . Court not to alter judgment .-- Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error."
4 In this view of the matter, it is now not possible to alter the said order dated 15.1.2014 or review the same, hence, application is rejected.
5 Legal fees of appointed advocate be paid as per
Rules.
[ DR. SHALINI PHANSALKAR-JOSHI, J.] [ ACTING CHIEF JUSTICE ]
kandarkar
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1 issue framed by the court
Whether a court can review or alter its final order under Section 362 of Cr.P.C.
Sanjay Arjun Pawar
The State of Maharashtra
V.K. Tahilramani
Shalini Phansalkar-Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
