In two connected criminal miscellaneous applications, the court dismissed App. No. 13/2013 for non-prosecution. App. No. 186/13 was dismissed as devoid of merit, citing the court's lack of power under CrPC to review its own earlier order dated 29.3.2012 which found no merit in the petition.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 13/2013
Man Mohan Nagar
----Petitioner
Versus
State
----Respondent
Connected With
S.B. Criminal Miscellaneous Application No. 186/2013
Madan Mohan Nagar
State
----Petitioner Versus ----Respondent
For Petitioner(s) : Mr. Manoj Sharma in Application No.13/2013 Mr. Satyavrat Sharma in Application No.186/13 For Respondent(s) : Ms. Meenakshi Pareek, PP for State
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
10/08/2018
S.B. Criminal Misc. Application No.13/2013:
Shri Manoj Sharma who has filed present application on behalf of the petitioner, has submitted that he is no longer counsel in this case and he has no instructions to pursue the same.
In view of statement made by Shri Manoj Sharma, present application is dismissed for non-prosecution.
S.B. Criminal Misc. Application No.186/13:
Mahesh Chandra Sharma, J. who has demitted his office, in the order dated 29.3.2012 has specifically stated that there is no merit in the petition.
(2 of 2) [CRLMA-13/2013]
Code of Criminal Procedure vest no power in this court to review earlier order passed by this court.
Hence, overlooking the defects pointed out by the Registry, present application being devoid of merits is dismissed.
(KANWALJIT SINGH AHLUWALIA),J
Govind/
2 issues framed by the court
Whether the High Court can review an earlier order passed by itself under the Code of Criminal Procedure.
Whether the present criminal miscellaneous application is maintainable given lack of merit and non-prosecution.
1 provisions across 1 enactments
Man Mohan Nagar
State
Madan Mohan Nagar
Kanwalsingh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
