Uttarakhand High Court

C482/72/2015 on 2 January, 2024

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

               Office Notes,
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      Date                                       COURT'S OR JUDGES'S ORDERS
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                                 C482 No. 72 of 2015
                                 Hon'ble Manoj Kumar Tiwari, A.C.J.

                                 (1)     None present for the applicant.

                                 (2) Mr. Bhaskar Joshi, learned A.G.A. for the
                                 State of Uttarakhand.

                                 (3) This application under Section 482
                                 Cr.P.C. was disposed of by coordinate Bench
                                 vide order dated 14.08.2015. An application
                                 seeking recall of the said order was moved by
                                 respondent no. 3.

(4) This Court does not find any reason to recall the judgment and order dated 14.08.2015. Even otherwise also, review of an order is not permissible under these proceedings, as held by Hon'ble Supreme Court in the case of Atul Shukla v. State of M.P. & another, reported in 2019 (17) SCC

299. Relevant para of the said judgment is extracted below:-

"7. The High Court while dismissing the petition under Section 482 observed that it would be open to the second respondent to pursue his remedies after framing of the charge. In view of the specific bar which is contained in Section 362, we are of the view that the impugned order [Surendra Singh v. State of M.P., 2018 SCC OnLine MP 1424] of the High Court is unsustainable. Such an application for review or modification could not have been entertained."

(5) Accordingly, recall application (MCRC No. 31 of 2016) is rejected.

(Manoj Kumar Tiwari, A.C.J.) 02.01.2024 Aswal