Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of justice: Adjudication of case in the absence of counsel - In a revision petition |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Administration of justice: Adjudication of case in the absence of counsel - In a revision petition, no one appeared for the revisionist - Order passed - Application for recall of the order alleging that the case was not in the main list of the High Court and, therefore, the counsel for the revisionist could not note the case and could not appear - High Court recalled the order - On appeal, held: No doubt, s.362 , Cr.P.C. mandates that no court when it has signed its judgement or final order disposing of the case shall alter or review the same except to correct a clerical or arithmetic error- However, s.362 cannot be considered in a rigid and over technical manner to defeat the ends of justice - The court should not give its decision based only on the letter of the law, for, if the decision is wholly unreasonable, injustice will follow - Moreover, the application filed by the revisionist was an application for recall of order and not for review - While in a review petition, the court considers on merits whether there is an error apparent on the face of the record, in a recall petition, the court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing to an affected party- Therefore, there was no error in law in the order of the High Court in recalling its order- Code of Criminal Procedure,1973-s.362 |
Judge | N/A |
Neutral Citation | 2011 INSC 155 |
Petitioner | Vishnu Agarwal |
Respondent | State Of U.p. And Anr. |
SCR | [2011] 3 S.C.R. 197 |
Judgement Date | 2011-02-23 |
Case Number | 1323 |
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