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...available on record. The law is well settled that a criminal court has no power to review or recall its own order. The complaint in question was filed on 23.5.2014 Notice was iss...proceedings were dropped. The order is patently illegal. Firstly, the criminal court has no power to review or recall its own order. Nonetheless, Section 145(6) of the C...the instant misc. petition.Mr. Shah, learned counsel for the petitioner submits that a criminal court has no jurisdiction to review or recall its own order. As the parties ...
...aforesaid order dated 02.04.2016 has been dismissed on the premise that there is no power envisaged to a criminal Court to review or recall its own order and th...there is no power envisaged to a criminal Court to review or recall its own order and the appropriate remedy available to aggrieved party is to seek in...party is to seek intervention of a higher Court by way of filing appeal or revision against the said order.2. Learned counsel for the petitioner contends that it is on account of...
...Prasad (supra) is concerned, the same is not applicable in the present matter. That judgment lays down that a Criminal court has no power to recall its own order and r.... It was submitted that the learned Revisional Court has exceeded its jurisdiction and while setting aside the summoning order, the matter has been remanded back to the court of Magistrate for passing...an order in reference to Section - 324 I.P.C. afresh. Learned counsel submitted that Revisional Court has no power to pass any such order. In this
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...law is well settled that criminal court has no power to review or recall its own order.
5. Learned counsel for appellant submitted that once the appellant has...
Neutral Citation No. - 2024:AHC:128908
Court No. - 83 Case :- CRIMINAL APPEAL No. - 606 of 2024
Appellant...indicated and informed to the learned court concerned that the appellant herein has already been exonerated from the chargesheet and as such, he cannot be summoned in the said case. While deciding the...
...considering the power of the Court to recall its own order in a criminal case referred to the relevant observations in ...before such power is exercised. The exercise of the power is left completely to the discretion of the highest court of the country and its order or decree is made binding on all the courts or trib...interference.9. If it is necessary to trace the source of power of this Court to issue the directions and pass the order as in para 18 of M. Bhaskar case (1996) 4 SCC 416 one can...
...the ground that the error was committed by the Advocate Clerk. However it was rejected by the learned Metropolitan Magistrate on the ground that the Criminal Court does not have power to recall ...Magistrate -Fast Track Court-3, Saidapet had dismissed the case. The learned Judicial Magistrate did not accept the petition filed by the Petitioner seeking to recall the earlier Order on the ground...Cr.P.C., its inherent power of High Court to prevent miscarriage of justice or to prevent abuse of process of Court. Here, as per the submission of the learned counsel for the Petitioner that the...
...Court had no power to review or recall its own order. The said order was challenged in revision but to of no avail. It was further challenged in this Court by f...Criminal Complaint No. 760/2 dated 21.12.2007 titled Paramount Rubber Industries through its proprietor v. Wool Tex Fabrics Private Limited pending in the Court of Judicial Magistrate 1st Class, Faridabad...to some other Court of competent jurisdiction, either at Chandigarh or Gurgaon.According to the petitioners, they are facing trial in the aforementioned criminal complaint filed by the...
...Court had no power to review or recall its own order. The said order was challenged in revision but to of no avail. It was further challenged in this Court by f...Criminal Complaint No. 759/2 dated 21.12.2007 titled Paramount Rubber Industries through its proprietor v. Wool Tex Fabrics Private Limited pending in the Court of Judicial Magistrate 1st Class, Faridabad...to some other Court of competent jurisdiction, either at Chandigarh or Gurgaon.According to the petitioners, they are facing trial in the aforementioned criminal complaint filed by the...
..., (2004) 7 SCC 338, in which it has been held that the criminal Court does not have the power to recall or review its own ...of prosecution amounts to acquittal and only an appeal lies before this Court against such an order.4. Accordingly, delay of 368 days in filing the present criminal application/appeal...prosecution. The said order amounts to acquittal of the accused/respondent. However, instead of challenging the said order (i.e. order dated 21.04.2014) before this Court, appellant filed an application fo...
..., has argued that the Trial Court acted beyond its jurisdiction by recalling its order dismissing the anticipatory bail application and subsequently granting
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...have heard learned counsel for the parties and perused the relevant material on record.
11. It is a well established principle of law that a Criminal Court does not possess the inherent power ...general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the respondents'-accused's occurr...
...exercise of power having entrusted in terms thereof. Criminal court has no power to recall its own order as per Section 362 Cr.P.C. Irrespect.... The order cannot be passed by-passing the procedure prescribed by law. The court in exercise of its power under Section 482Cr.P.C. cannot direct a particular agency to investigate the matter or ...High Court under SECTION 482 Cr.P.C. is crowned with a statutory power to exercise control over the administration of justice in criminal proceedings within its territorial...
...an extra-ordinary power vested with the High Courts in order to prevent abuse of process of the Court or failure of justice.
18. The ratio of a judgment rendered by the Ho...examination and cross- examination of witnesses. Therefore, while passing such sweeping order in exercise of its discretionary power, the learned trial court ought to have acted with utmost...recall application is still pending with the learned trial court, therefore, the instant application cannot be maintained, is concerned, it is needless to mention that power under Section 482 Cr.P.C. is...
...had no power to review its own order, therefore, the application moved by the petitioner for restoration of the complaint was rightly dismissed vide order Annexure P-4.Hence no gro...Adalat Prasad v. Rooplal Jindal 2004 (4) RCR (Criminal) 1, the Magistrate was not competent to recall the summoning order.Trial ...counsel for the petitioner has further submitted that the complaint in question was liable to be restored to its original number. In support of his arguments, learned counsel has placed reliance on...
...power vested with the High Courts in order to prevent abuse of process of the Court or failure of justice.
18. The ratio of a judgment rendered by the Hon'ble Supr...means of impugned order dated 14.03.2023 that as there is a direction of this Court to get the trial expedited, therefore, the
1...examination of witnesses.—The order in which witnesses are produced and examined shall be regulated by the law and practice for the time being relating to civil and criminal procedure respectively...
...be heard by one of us. At the time of hearing it was discovered that on the question whether under Section 561-A, Cr. P.C the High Court has power to revoke, review, recall, or alter ...Court namely:“Whether the High Court has power to revoke, review, recall, or alter its own decision in a criminal case and rehear the case and in particular, wheth...called “the Constitution of Jammu and Kashmir” and there is nothing in the State Constitution to show that the High Court has power to alter or review its own judgment passed in exercise of the ...
...order was permitted. 4. As against this learned advocate for the respondent No.2 has vehemently objected to recall of the order on the ground that there is a clear bar under Sect...or where an order was obtained by abuse of the process of court which would really amount to its being without jurisdiction, inherent powers can be exercised to recall such order for the ...order dated 17.07.2017 passed in Criminal Misc. Application No. 32439 of 2016. By the order under Recall, the application filed on behalf of the applicant for cancellation of bail granted to the...
...court after passing the final order, has the power to recall or review its own order and secondly, whether the principle of res judicata would be applicable in criminal .... The learned counsel has submitted that the learned Trial Court has failed to exercise its judicial discretion on the facts and circumstances of the case by passing the impugned order. The same being....13. In answer to this, the learned counsel has firstly led this Court to the provision of Section 362 Cr. P.C. which provides that no court when it has signed its judgment...
...order. The application came to be heard by one of us. At the time of hearing it was discovered that on the question whether under section 561-a cr. p. c. the High Court has power to revoke, review, ...court namely :"Whether the High Court has power to revoke review, recall, or alter, its own decision in a criminal case and rehear the case and in particular, whe..., our reply to the question set out above would be that this court has no power to revoke, review, or alter its own judgment in a criminal case whether such decision has been rendered in ...
...." 27A. The comparison of the power of review of a civil court vis- a-vis power of criminal court to review or recall its own judgment or ...would lead to conclusion of present petition.
27. The law relating to power of a criminal court to review or alter its own judgment or ...or order except to correct a clerical or arithmetical error. This prohibition is complete and no criminal court can review its own judgment or order after it is signed...
...counsel for the respective parties, moot question arise for determination of this Court is whether it has power to review/recall its own order/judgment passed in Criminal Revisio...Revision Petition No. 1267 of 2016, to suggests that in view of amicable settlement arrived inter se the parties, this Court has power to recall its judgment in the light of the provisions contain...‘Act’) with a prayer to review/recall the order dated 6.10.2016 passed by this Court in SB Criminal Revision Petition No. 1267/2016 in the light of compromise dated 4.11.2016 subsequently entered...