The court dismissed the applicant's criminal miscellaneous application seeking rectification of a prior order. The court held that the objection involved factual submissions, not a clerical or arithmetical error under Section 362 Cr.P.C., and thus the order could not be reviewed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Application No. 44/2020
Babu @ Rashid S/o Mohammad Hanif Khan B/c Kayamkhani, R/o Vill. Beswa Ps Sadar Fatehpur Shekhawati Dist. Sikar Raj.
----Petitioner
Versus
----Respondents For Petitioner(s) : Mr. Brahmanand Sandu For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
17/02/2020
This criminal misc. application has been filed seeking rectification of the order passed by this court dated 17th January, 2020.
The provision of Section 362 Cr.P.C. is very specific and it provides that 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.
In this case, learned counsel for applicant submits that wrongful facts were brought to the notice of the court by the concerned petitioner and in the present case, the Police has submitted a final report in the FIR registered against the applicant which was objected to in a protest petition which was allowed. The applicant has filed a revision against the order and therefore, the present application for rectification of the order.
(2 of 2)
[CRLMA-44/2020]
Thus, it is apparent that there is no clerical or arithmetical error in the order passed by this court and the observations made in the judgment cannot be reviewed.
The rectification application is held to be misconceived and the same is accordingly dismissed. However, the petitioner shall be free to file a fresh petition under Section 482 Cr.P.C., if so required.
(SANJEEV PRAKASH SHARMA),J
FATEH RAJ BOHRA /6-362
2 issues framed by the court
Whether a criminal misc. application for rectification of an order is maintainable when the objection is based on factual submissions rather than clerical or arithmetical errors.
Whether the petitioner can file a fresh petition under Section 482 Cr.P.C. after a rectification application is dismissed.
2 provisions across 1 enactments
Babu @ Rashid S/o Mohammad Hanif Khan
State Of Rajasthan
Muniduddin S/o Kadar Khan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
