Criminal Procedure Code, 1973, Section 362 -- Review - High Court in its first Judgment confirmed conviction u/s 302 IPC - However, High Court in the correction application modified the first judgment and came to a finding that incident appeared to be a result of a sudden provocation and occurred in the heat of a moment and therefore converted the conviction from S.302 IPC..........
Criminal Procedure Code, 1973, Section 362 -- Review - Criminal Court does not have power to review its own orders...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - If Magistrate after giving opportunity of hearing to informant passed a detailed order accepting final order by discussing the case on merit then this order will amount to final order disposing the case so far as the cognizance on the basis of material of the case diary is concerned -..........
Criminal Procedure Code, 1973, Section 362 -- Review - Order accepting final report - Procedural/review/recall of order accepting final report is permissible where no notice was served upon first informant despite being statutory mandate...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 403 -- Review - Criminal Court does not possess the inherent power to review or recall its own orders, except in cases where order suffers from a clerical, typographical or mathematical error - However, said rule is applicable in conjunction with the requirement of ensuring that no party is unfairly prejudiced due to..........
Criminal Procedure Code, 1973, Section 362 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.403) - Review - Modification of order of refusal of bail - S.362 Cr.P.C which prohibits modification of a judgment of final order will not be applicable in an order for refusal of bail...........
Criminal Procedure Code, 1973, Section 362, 439(2) -- Review - Order of cancellation of bail - Grant of bail to co-accused would not ipso facto entitle petitioner to the same - Petitioner was incarcerated for about 6 months - This cannot be taken as incarceration for a significant period of time - Petitioner can file a fresh bail application and same shall be considered on..........
Criminal Procedure Code, 1973, Section 362 -- Review - Earlier revision petition was dismissed by High Court by confirming order dismissing application for discharge - Since first prayer in writ petition was for quashing of complaint itself, therefore, dismissing first prayer in writ petition on the ground of bar of S.362 Cr.P.C. is erroneous...........
Criminal Procedure Code, 1973, Section 362 -- Review - Order rejecting bail - Court can consider a plea afresh if there is any alteration of circumstances - Conditions of bail could also be varied if a case is made out for such variation based on that factor - Prohibition contemplated u/s 362 Cr.P.C. does not apply in such cases...........
Criminal Procedure Code, 1973, Section 128, 362 -- Order passed u/s 128 Cr.P.C - Review - Family Court can review its order, as embargo u/s 362 Cr.P.C will not apply to any of provisions in the Chapter IX Cr.P.C including S.128 Cr.P.C...........
