Single judge order dismissing a criminal miscellaneous application seeking recall and alteration of a prior direction to ensure safety of applicants. Court held the application was impermissible under Section 362 Cr.P.C. and lacked merit.
Misc. application dismissed with costs.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Appli No. 23/2022
In
S.B. Criminal Misc. Petition No.6493/2021
Nand Kishore S/o Shri Rameshwar Lal, Aged About 42 Years, R/o Ward No. 16, C/o Gopi Kishan Ji Bihani, Rawatsar, District Hanumangarh (Raj.)
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Nonepresent |
|---|---|
| For Respondent(s) | : Mr. A.R. Choudhary,P.P. |
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/05/2022
By way of filing this misc. application, the petitioner Nand Kishore has sought recalling of order dated 26.11.2021 whereby this Court while entertaining a petition on behalf of Garima and Lokesh Swami had directed the respondents to ensure protection of life and liberty to them.
None present on behalf of the petitioner.
It appears to be an application for reviewing and substantial alteration of the order passed by this Court on 26.11.2021 which
(2 of 2)
[CRLMA-23/2022]
is not permissible by virtue of Section 362 of the CR.P.C. Section 362 Cr.P.C. reads as under:-
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.
A perusal reveals that the criminal Court becomes functus officio after passing an order. Otherwise also; in order dated 26.11.2021, there was no finding/observation regarding marriage or date of birth of the petitioners. Simply a direction was passed to the State Authorities to ensure that no harm may be caused to applicants Garima and Lokesh Swami by the hands of private respondents. Article 21 of the Constitution of India guarantees that no person shall be deprived of his right, life and liberty without the process established by law. The order dated 26.11.2021 is in accordance with spirit of Constitution. Thus, viewing from any angle, the application deserves to be rejected.
Accordingly, the misc. application is dismissed being devoid of any merits and costs.
(FARJAND ALI),J
169-Bharti/-
1 issue framed by the court
Whether a criminal miscellaneous application seeking recall and substantial alteration of a previous order is permissible under Section 362 Cr.P.C.
1 provisions across 1 enactments
Nand Kishore
State
Lokesh Swami
Garima
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
