Nand Kishore vs State
2022 Latest Caselaw 6781 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Appli No. 23/2022

In

S.B. Criminal Misc. Petition No.6493/2021

Nand Kishore S/o Shri Rameshwar Lal, Aged About 42 Years, R/o Ward No. 16, C/o Gopi Kishan Ji Bihani, Rawatsar, District Hanumangarh (Raj.)

----Petitioner Versus

1. State, Through Pp

2. Lokesh Swami S/o Shri Subhash Chander Swami, Aged About 18 Years, R/o Village Post Barjangsar, Teh. Sardarshahar, District Churu (Raj.)

3. Garima D/o Shri Nand Kishore, Aged About 21 Years, At Present R/o C/o Shri Lokesh Swami, Village Post Barjangsar, Teh. Sardarshahar, District Churu (Raj.)

----Respondents

For Petitioner(s) : None present For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/05/2022

By way of filing this misc. application, the petitioner Nand

Kishore has sought recalling of order dated 26.11.2021 whereby

this Court while entertaining a petition on behalf of Garima and

Lokesh Swami had directed the respondents to ensure protection

of life and liberty to them.

None present on behalf of the petitioner.

It appears to be an application for reviewing and substantial

alteration of the order passed by this Court on 26.11.2021 which

(2 of 2) [CRLMA-23/2022]

is not permissible by virtue of Section 362 of the CR.P.C. Section

362 Cr.P.C. reads as under:-

362. Court not to alter judgment. 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 judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.

A perusal reveals that the criminal Court becomes functus

officio after passing an order. Otherwise also; in order dated

26.11.2021, there was no finding/observation regarding marriage

or date of birth of the petitioners. Simply a direction was passed

to the State Authorities to ensure that no harm may be caused to

applicants Garima and Lokesh Swami by the hands of private

respondents. Article 21 of the Constitution of India guarantees

that no person shall be deprived of his right, life and liberty

without the process established by law. The order dated

26.11.2021 is in accordance with spirit of Constitution. Thus,

viewing from any angle, the application deserves to be rejected.

Accordingly, the misc. application is dismissed being devoid

of any merits and costs.

(FARJAND ALI),J 169-Bharti/-

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