Allow Cookies!
By using our website, you agree to the use of cookies
The Hon’ble Supreme Court while setting aside an order of the High Court in a petition under Section 482 of the CrPC, held that, an application for review or modification cannot be entertained.
An individual was accused of offences under Section 364 and 323 read with Section 34 of the Indian Penal Code and had approached the Madhya Pradesh High Court seeking for the quashing of the FIR. During its pendency, the charge sheet was filed. The High Court dismissed the petition, which gave the Petitioner time to challenge the framing of the charges under appropriate provisions. Subsequently, the accused filed another petition, which was allowed by the High Court. The complainant in the case went before the Supreme Court while contending the entertaining of the petition by the High Court, saying that, the petition under Section 482 for review or for modification of its earlier order having regard to the specific bar contained in Section 362 of the CrPC.
Under Section 362 of the Code, no Court, when it has signed its judgment or final order disposing of a case, can alter or review the same except to correct a clerical or arithmetical error. Thus, the appeal was allowed.
This judgment by Hon’ble Justice Hemant Gupta and Justice Dr. D.Y Chandrachud, is an example of the Court’s effort to limit the misuse of power and ensure the delivery of justice at every instance.
86540
103860
630
114
59824