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CR.MA/27/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 27 of 2008
In
SPECIAL
CRIMINAL APPLICATION No. 1811 of 2007
==========================================
BECHARBHAI
VALABHAI VANIYA - Applicant(s)
Versus
STATE
OF GUJARAT & 12 - Respondent(s)
=========================================
Appearance :
MR
ANIL N MEHTA for Applicant(s) : 1,
MR LB
DABHI, ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1,
None for
Respondent(s) : 2 - 13.
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CORAM
:
HONOURABLE
MS.JUSTICE H.N.DEVANI
Date
: 03/03/2008
ORAL
ORDER
By
this application, the applicant seeks restoration / revival of
Special Criminal Application No.1811 of 2007, which according to the
applicant was withdrawn without the knowledge and consent of the
applicant vide order dated 7th December, 2007.
The
facts of the case stated briefly are that the applicant herein had
filed the above referred Special Criminal Application No.1811 of
2007, challenging the order dated 19.4.2004 passed by the learned
Judicial Magistrate First Class, Patan in Criminal Inquiry Case No.4
of 2002 as well as the judgement and order dated 1.9.2007 passed by
the learned Additional Sessions Judge, Dhangadhra, District
Surendranagar in Criminal Revision Application No.12 of 2004. By an
order dated 7th December, 2997, this Court had permitted
the learned advocate for the petitioner to withdraw the petition as
prayed for by him.
By
the present application, the applicant seeks restoration / revival
of the said Special Criminal Application No.1811 of 2007, which in
effect and substance would tantamount to recalling / reviewing the
earlier order dated 7th December, 2007. Section 362 of
the Code of Criminal Procedure, 1973 (the Code) provides that, save
as otherwise provided by this Code or by any other law for the time
being in force, no Court when it has signed its judgement or final
order disposing of a case, shall alter or review the same except to
correct a clerical or arithmetical error.
Considering
the relief prayed for in the present application, it cannot be said
that the applicant is seeking correction of a clerical or
arithmetical error. In the circumstances, in view of the bar of
Section 362 of the Code, this application is not maintainable.
For
the foregoing reasons, the application fails and is, accordingly,
rejected.
[HARSHA
DEVANI, J.]
parmar*
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