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SHEKHAR MISHRA (public servant)     01 October 2008

Review in Criminal Cases

Can   a   criminal   court   review   its   own   judgment   which   was  obtained  by  fraud ?


Learning

 10 Replies

K.C.Suresh (Advocate)     01 October 2008

A court cannot review its own order

Amarjeet yadav (Advocate)     01 October 2008

yes, if there is any further development in facts, then court  can review its own order....even in criminal matter. 

Shree. ( Advocate.)     01 October 2008

Dear S.K. Sir,


Recently, in an important ruling, the Supreme Court held that a Court cannot review its own judgement passed in a criminal case. After the judgement has been signed, it can only be corrected for a clerical or arithmetical error. No review of an order is contemplated under the Code of Criminal Procedure.  There was no provision in the Cr.P.C. authorising the High Court to review its judgement passed in exercise of its appellate, revisional or original criminal jurisdiction. Such a power cannot be exercised with the aid or under the cloak of section 482 of Cr.P.C. Section 362 of Cr.P.C. mandates thatno Court, when it has signed its judgement or final order shall alter or review the same except to correct a clerical or arithmetical error. The Court becomes functus officio the moment the official order disposing of a case is signed.




 






 




 


 

SHEKHAR MISHRA (public servant)     01 October 2008

Thank   You , Shree  Sir.

Ravi Arora (Advocate)     01 October 2008

criminal courts cann't review his order ,  civil court can


there is no provision in cr.p.c to review his order by a criminal court

prof s c pratihar (medical practitioner &legal studies)     02 October 2008

functus officio. thats all.some new aspect added. contempt of court is more criminal than civil.court holding a person for contempt of court  can not  be reviewed by  the same court , it, it is amenable to correction under s 19  of contempt of court act 1971.crpc no provision once signatute is put thereon.

SHEKHAR MISHRA (public servant)     02 October 2008

I   thank   all   of   you.

Tanuja (Professor)     15 October 2008

2 Criminal cases filed against my son under same section..remedy?

I would like to introduce myself as Mrs.Tanuja Shree. I am a retired Professor in Trivandrum. My husband was a lawyer and he passed away 20 years back. I have a son Vijayanand. In 2007, he picked up a petty fight with my neighbour, who went on to file a criminal case under section 506. Case was filed and my son was arrested and released in bail. A chargesheet was filed and charge framed in court. Now it is in evidence stage. Before 4 months, with my son and a mediator I went to that neighbour's house, who by now had shifted to another town, Cochin. We had asked for settlement out of court. But he again filed another case under section 506 now in Cochin. FIR was filed and my son is out in bail in second case now. In addition to that, neighbour filed a bail cancellation petition in the first case in Trivandrum, citing the reason that he was intimidated and that he had filed another FIR. Judge was kind enough that he did not cancel the bail, but instead asked my son to sign in police station every week. Not satisfied that neighbour went on appeal against the order to sessions court. In the mean time, police in Cochin had filed C report in second case and closed the case in our favor.
Since my son had exams, he could not regularly sign in police station. So now police filed another bail cancellation petition against my son in first case in the same sessions court.
My question sir, is Can police file such petition in sessions court, as the magistrate court only had given the bail? I read somewhere that only the court which gives bail, has right to cancel the bail.

Please also guide me in other aspects of the case also.

Jatin Sapra 9312223345,Delhi (Advocate)     21 October 2008

First of all, from the above things wat i understood is that both cases are arises out from different cause of action so  may be both are under 506 IPC but on different incidents so accusation can be done.


second thiong is the ground of cancelation report is also vital here.


In my opinon you oppose that cancelation of bail application and seek  change in the order of Ld magistrate.

Arjun Shaji (Student)     21 November 2012

For which case was the SC judgment regardng no review established?


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