The court rejected the petitioners' application to quash the appellate court's order dismissing their appeal. It held that Section 362 of the Cr.P.C. bars reviewing a signed judgment and Section 382 did not apply as the appeal was not dismissed in default.
Application for recall of judgment under Section 482 Cr.P.C. is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36403 of 2018
Arising Out of PS.Case No. -724 Year- 1992 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
=========================================================== Appearance : For the Petitioner/s : Mr. Md. Shahnawaz Ali, Adv. For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP
===========================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 17-07-2018
Heard learned counsel for the petitioners and learned
counsel for the State.
year and a fine of Rs.1,000/- each by the judgment delivered by the learned Judicial Magistrate 1st Class, Madhubani in C.R.Case No. 724
Patna High Court Cr.Misc. No.36403 of 2018 dt.17-07-2018
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of 1992 corresponding to T.R. No. 723 of 1998.
Patna High Court Cr.Misc. No.36403 of 2018 dt.17-07-2018
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application under Section 482 of the Cr.P.C.
“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.”
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court becomes functus officio.
(Ashwani Kumar Singh, J)
Pradeep/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| UploadingDate | 19-07-2018 |
| Transmission Date |
19-07-2018 |
3 issues framed by the court
Whether the appellate court had jurisdiction to recall or review its own judgment dismissing the appeal.
Whether Section 362 of the Cr.P.C. bars the court from altering a signed judgment except for clerical errors.
Whether Section 385 of the Cr.P.C. applies when the appeal was disposed of on merits rather than in default.
3 provisions across 1 enactments
Md. Alquaman and others
The State of Bihar and others
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
