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CR.MA/846820/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 8468 of 2009
In
CRIMINAL
REVISION APPLICATION No. 354 of 2001
=======================================================
AAHIR
MALDE MARKHI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=======================================================
Appearance :
MR
SUNIL C PATEL for Applicant(s) : 1,
MR HL JANI APP for
Respondent(s) :
1,
=======================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAJESH H.SHUKLA
Date
: 23/07/2009
ORAL
ORDER
Rule.
Learned APP Mr. H.L.Jani waives service of notice of Rule on behalf
of the Respondent State.
The
present application has been filed by learned counsel Mr.Sunil C.
Patel for the applicant for recall of the oral judgment passed in
Criminal Revision Application No.354 of 2001 on the grounds narrated
in the memo of the present application contending that the name of
the learned counsel was not shown when the Court has passed the oral
judgment in Criminal Revision Application No.354 of 2001 dated
04.03.2009 and when the aforesaid Revision Application came to be
rejected.
Learned
counsel Mr.Sunil Patel has submitted that the judgment may be
recalled as the client may have to suffer. Mr.Patel further
submitted that as the name was not shown, he could not remain
present and, therefore, his client may suffer or it may show lack of
his bonafide. He further submitted that the power to review is not
provided, however, the Court may consider the interest of justice
exercising the inherent powers under Section 482.
Having
heard learned counsel, Mr.Sunil C. Patel for the applicant and
learned A.P.P., Mr.H.L. Jani for the respondent-State, it is well
accepted that in criminal jurisprudence as provided in the Criminal
Procedure Code, there is no provision for review and provisions of
Section 362 of Code of Criminal
Procedure, 1973 are more than clear.
However,
as observed by the Hon’ble Apex Court in case of Smt. Sooraj
Devi v. Pyare Lal and another
reported in AIR 1981 SC 736, the exercise
of inherent jurisdiction under Section 482 of Code of Criminal
Procedure, 1973 is barred when there is a clerical or arithmetical
error, which is an error occasioned by the accidental slip or
omission of the Court. Therefore, having regard to the facts and
circumstances, in the interest of justice, the oral Judgment dated
04.03.2009 passed in Criminal Revision Application No.354 of 2001 is
recalled, and accordingly, Criminal Revision Application No.354 of
2001 is ordered to be restored to the file for fresh hearing before
the Court taking up such matters.
The
registry is directed to place the aforesaid Criminal Revision
Application No.354 of 2001 before the Hon’ble the Chief Justice for
appropriate orders in this regard.
Accordingly,
the present Criminal Misc. Application No.8468 of 2009 stands
allowed. Rule is made absolute accordingly.
(RAJESH
H.SHUKLA, J.)
/patil
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