The court dismissed the application for modification in CRLA No. 206 of 2017, holding that entertaining a misc. case after the criminal appeal was disposed of on merit under Section 362 CrPC was not permissible, though a separate appeal could be filed.
Application dismissed; certified copy returned to counsel; free copy handed to Standing Counsel.
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CRLA No. 206 of 2017
Misc. Case No 23.06. 82011 of 20177This is an application for modification for the order dated 10.04.2017 passe
d in Criminal Appeal No. 206 of 2017. Since the Criminal Appeal after being heard has been dis
posed of on merit on 10.04.2017, entertaining such a misc. case is not permissible in view of
the bar under section 362 of Cr.P.C.
The petitioner if, so like can file a separate appeal ventilating his grievances. The
certified copy which has been filed in this misc. case be returned to the learned counsel for
the appellant on being substituted with a Xerox copy.
The learned counsel for the petitioner submits that he will file an appeal by Tuesday
(27.06.2017). If any such appeal is filed, list that appeal along with CRLA No. 375 of 2017 an
d CRLA No. 376 of 2017 on 28th of June, 2017.
It is stated by the learned counsel for the appellant that by virtue of the order date
d 19.06.2017 passed in misc. case no. 811 of 2017, the learned Authorized Officer had adjourne
d the case till 24th June, 2017. If a petition is further filed on 24th June, 2017 before the
learned Authorized Officer, the case shall be adjourned till 29th of June, 2017.
Accordingly, the Misc. case is disposed of.
A free copy of the order be handed over to the learned Standing Counsel for the Vigila
nce Department.
of the appeal on
2
2
Petitioner
Appellant
As recorded by the court registry
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