The High Court dismissed an application under Section 482 CrPC seeking to recall an order dismissing Criminal Revision No.58 of 2017 on merit, holding that the Court lacks power of review under the CrPC.
The application for recalling the order dated 03.04.2019 under Section 482 CrPC is dismissed.
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Sh. Ravi Sharma vs. Vinod Nishchal and Anr. Cr.MP No.2388 of 2024 in Cr. Rev. No.58 of 2017
17.10.2024 Present: Mr. Vivek Chandel, Advocate, for the petitioner.
Ms. Shivani Tegta, Advocate, vice Ms. Anjali Soni Vrma, Advocate, for non-applicant/ respondent No.1. Mr. Pushpinder Jaswal, Additional Advocate General, for non-applicant/ respondent-State.
By way of this application, filed under Section 482 of the Criminal Procedure Code, the applicant/ petitioner has prayed for recalling of order dated 24.11.2022, passed in Criminal Revision No.58 of 2017.
Firstly, there is no order dated 24.11.2022 appended with the petition and secondly, the record demonstrates that Criminal Revision No.58 of 2017 was dismissed by this Court on merit on 03.04.2019. As Criminal Revision No.58 of 2017 was dismissed by this Court on 03.04.2019, this Court is of the considered view that this application under Section 482 of the Criminal Procedure Code for recalling the order, that to passed on merit, is not maintainable because under the provisions of Section 482 of the Criminal Procedure Code, the power of review
cannot be exercised by a Court as there is no power of review conferred upon this Court under the Criminal Procedure Code.
Thus, as the application is completed
misconceived, the same is dismissed.
(Ajay Mohan Goel) Judge
October 17, 2024 (Rishi)
Digitally signed by BHUPENDER KUMAR DN: C=IN, O=HIGH COURT OF HIMACHAL PRADESH, OU=HIGH COURT BHUPE OF HIMACHAL PRADESH SHIMLA, Phone=04d8bcd7412dcb18b7b081df02fb3 b89ecc4a0c8f8a66ab97285dc56e62d41fe, PostalCode=171001, S=Himachal Pradesh, SERIALNUMBER=2ccc91b5122501da0ce3 NDER 678b0e2b7bd5fa9b09937769da5501e1f4e7 ad448bc5, CN=BHUPENDER KUMAR Reason: I am approving this document with my legally binding signature Location: KUMAR Date: 2024-10-17 19:27:27
2 issues framed by the court
Whether an application under Section 482 CrPC for recalling an order dismissing a revision is maintainable.
Whether this Court possesses the power of review under the Criminal Procedure Code to recall its own orders.
1 provisions across 1 enactments
Ravi Sharma
Vinod Nishchal
State of Himachal Pradesh
Ajay Mohan Goel
Bhupender Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
