Chattisgarh High Court
Kishor Venkat (Wrongly Written As ... vs State Of Chhattisgarh on 16 June, 2021
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Cr.M.P. No. 532 of 2021
Kishor Venkat (Wrongly Written As Kishore Venkat) S/o S. Venkatesan
(Wrongly Written As Srinivas Venkat) Aged About 30 Years R/o Gulab Nagar
Mopka, District Bilaspur Chhattisgarh.
---- Petitioner
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Mahila
Thana, District Raipur Chhattisgarh.
---- Respondent
For the Petitioner : Shri Abhishek Sinha, Senior Advocate
with Shri Pranjal Agrawal, Advocate.
For the Respondent/State : Shri Sameer Uraon, G.A.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
16.06.2021
Heard.
1. This petition has been brought under Section 482 of the Code of
Criminal Procedure with a prayer to modify the order passed by this Court in
M.Cr.C.(A) No. 327 of 2021 vide order dated 26.05.2021.
2. It is submitted by learned Senior counsel for the petitioner that this
Court while rejecting the anticipatory bail application of the petitioner has
made some observations in paragraph Nos. 7 and 8. The petitioner has
separately filed a petition under Article 226 of the Constitution of India for
quashing of the criminal proceedings against him and he may also in future
face the trial, therefore, the observations may give an impression in
consideration of the other matters in the trial. Hence, it is prayed that this
Court may make an observation to this effect that the observations in the
impugned order shall not come in the way in the matter pending for
consideration or in the trial and also it is prayed that the order be modified
accordingly.
3. Learned State counsel opposes the petition and the submissions
made in this respect. It is submitted that under Section 362 of the Cr.P.C.
there is a specific bar that any criminal order cannot be reviewed. Relying
on the judgment of Supreme Court in the case of Atul Shukla vs. State of
Madhya Pradesh and Another in Criminal Appeal No.837 of 2019
decided on 6.5.2019, it is submitted that the Supreme Court has taken a
strict view that there is a specific bar under Section 362 of the Cr.P.C.,
hence, any application for review or modification in a criminal order cannot
be entertained.
4. Considered the submissions. The prayer made in the petition under
Section 482 of the Cr.P.C., is to expunge the observations made in
paragraphs 7 and 8 of order 26.5.2021, which cannot be interfered with in
view of the bar under Section 362 of the Cr.P.C. and also according to the
view of Supreme Court in the case of Atul Shukla vs. State of Madhya
Pradesh and Another (supra). The concern of the petitioner is that the
observations made in M.Cr.C.(A) No. 327 of 2021 vide order dated
26.05.2021 may create impression in the other matter or in the trial against
him, therefore, it is a concern or preservation of the rights of the petitioner in
the other matters which he is pursuing.
5. As regards, the submission of the counsel for the petitioner to make
an observation to this extent only that the observations made in the
impugned order should not come in the decision of other matters, that
appears to be a different approach and that does not include prayer to
expunge any observation in the impugned order making any additional
remark on the order already passed does not amount to recall or
modification of such order. Hence, taking into consideration of these
submissions, this petition is disposed of at motion stage. It is made clear
that the observations made in the order dated 26.5.2021 in M.Cr.C.(A)
No.327 of 2021, are for the purposes of the order, that has been passed and
these observations are not required to be taken as a guiding factor or
established fact in the other matters when they shall be considered on merits
by this Court or by the trial Court.
6. Accordingly, this Cr.M.P. is disposed of.
Sd/-
(Rajendra Chandra Singh Samant)
Judge
Nimmi
