Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Rectifying an inadvertent error by recalling relevant portion of order does not amount to exercising power of review, rather constitutes a legitimate exercise of Court's inherent authority to correct accidental or clerical mistakes in order to prevent miscarriage of justice...........
Criminal Procedure Code, 1973, Section 482, 362 -- Recall of order - Exercise of recall does not partake the character of appellate or review jurisdiction - Rather, it constitutes a limited corrective authority inherent in every Court of record enabling it to rectify accidental errors and procedural aberrations so that judicial record may accurately mirror the true..........
Criminal Procedure Code, 1973, Section 482 -- Second quashing petition - Second quashing petition raised on the grounds which were available to accused at the time of adjudication of first quashing petition - Failure of accused to raise a pertinent ground which was tangibly available to them at the time of adjudication of first quashing petition in no circumstance grant a..........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Criminal Procedure Code, 1973, Section 362, 482 -- Review - High Court has no jurisdiction to review its order either u/s 362 or u/s 482 Cr.P.C - Inherent power u/s 482 Cr.P.C cannot be used by High Court to reopen or alter an order disposing of a petition decided on merits...........
Criminal Procedure Code, 1973, Section 362, 482 -- Review/Recall of Order - Application came up for admission and High Court allowed application on same date - Opposite party was not represented by any counsel nor notices were issued to opposite party before finally deciding application - Rule of audi alterem partem requires B that opportunity of hearing should be afforded..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/recall of order - Opposite party addressed letter to Chief Justice of High Court, which was treated as Public Interest Litigation (PIL) - On the very same date an ex parte order of cognizance was passed on the basis of said letter - Said order suffered from violation of principles of natural justice and a procedural..........
Criminal Procedure Code, 1973, Section 482, 362 -- Review/modification of order passed u/s 482 Cr.P.C. - Not permissible in view of specific bar u/s 362 Cr.P.C...........
Criminal Procedure Code, 1973, Section 202, 204, 482 -- Non-compliance of inquiry - Objections - At first instance accused can raise objection for issuing summons u/s 204 Cr.P.C. - Since Cr.P.C. does not contemplate review of order passed by Magistrate concerned taking cognizance of offence issuing process without there being any allegation against accused or any material..........
Criminal Procedure Code, 1973, Section 482 -- Order taking cognizance - Revision against - Dismissal - Second judicial review by High Court in exercise of inherent powers - Revisional Court did not commit any illegally or irregularity in exercise of its jurisdiction - Impugned order is just order which has not resulted in miscarriage of justice - Petition dismissed...........
