Monday, October 2, 2023

Allahabad High Court rejects recall application after the judgement is rendered

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The Allahabad High Court while rejecting the recall application said that there is no power of review with the criminal court after the judgement has been rendered.

A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a recall application filed by Govind @ Arvind and 3 Others.

By means of the application, the applicant/revisionist has prayed for recall of the order dated 28.9.2022.

The facts giving rise to the restoration application are that on an application moved by the prosecution/complainant, the revisionist/applicant was summoned by the Additional Sessions Judge, Meerut vide order dated 07.4.2022 to face the trial in Case under Section 147, 148, 149, 302, 506, 120B IPC.

The aforesaid summoning order was challenged by the revisionist/applicant by filing Criminal Revision through advocate Amit Rana, which was disposed of by the Court vide order dated 28.9.2022.

By means of the application, the applicant has prayed for recall of the order dated 28.9.2022. At the time of hearing of the revision, counsel for the applicant gave up his challenge to the aforesaid impugned order and confined his submission to the disposal of his bail application in accordance with the guidelines laid down by the Apex Court in the case of Satender Kumar Antil Vs Central Bureau of Investigation and another, 2021 SCC Online SC 922. The said revision was disposed of by the Court vide order dated 28.9.2022.

The Court observed that,

It appears that the revisionist has not complied with the order of the Court dated 28.9.2022 and filed the restoration application through another advocate namely Smt Gunjan Sharma with the prayer to recall the order dated 28.9.2022 and decide Criminal Revision afresh on merits.

Perusal of Section 362 Cr.P.C it is crystal clear that no Court after it has signed its judgement or final order disposing of a case, shall not alter or review the same except to correct a clerical or arithmetical error. By means of this recall application, the revisionist/applicant wants this Court to rehear the case afresh on merits. If the contention of the counsel for the applicant is accepted and Court hears the case on merits and passes order, that would amount to reviewing its earlier order altering it, which is totally prohibited by Section 362 CrPC.

The Court said that,

It is settled by the Supreme Court in a plethora of judgement that the Court should not review its earlier order.

Thus, the law on the issue can be summarized to the effect that the criminal justice delivery system does not empower the Court to add or delete any words, except to correct the clerical or arithmetical error as has specifically been provided under the statute itself that after pronouncement of the judgement the Judge becomes functus officio. Any mistake or glaring omission is left to be corrected only by the appropriate forum in accordance with law.

“In view of the pronouncements of the Supreme Court coupled with the provisions of Section 362 Cr.P.C, I am not inclined to recall my order dated 28.9.2022 disposing of the revision,” the Court further observed while rejecting the recall application.

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