Chhunna @ Brijesh vs State of U.P.and another

Shri Narayan Shukla,J.

(On C.M. Application No.84829 of 2011)

List has been revised. Case is called out. None is present for petitioner. However, Shri R.K.Jaiswal, learned counsel for the applicant respondent is present and presses the application for recall of order dated 31.3.2011.

Considering the arguments made by the counsel for the applicant, I hereby stay the enforcement of order dated 31.3.2011, till further order of this Court.

List in the week commencing 10.10.2011.

Order Date : 22.9.2011

S.A.A.Rizvi

Before signing the aforesaid order passed today, when I perused Section 362 of Code of Criminal Procedure 1973, I found that no Court can alter or review the order after it has been signed except to correct a clerical or arithmetical error. The provision of Section 362 is reproduced hereinunder:

"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."

In light of the aforesaid provision, I realize that the learned counsel for the applicant misled the Court by moving an application for recall of final order and also succeeded to get stayed the enforcement of order, which is not appreciable. It is the duty of the counsel to apprise the correct law to the Court, applicable in the matter concerned, without involving himself in the result of the case, but it appears that the learned counsel for the applicant failed to discharge his duty, which is deprecated and he is cautioned to take care in future.

With the aforesaid observation, in light of the provision quoted above the order passed today on C.M. Application 84829 of 2011 is hereby recalled and the application itself is dismissed as not maintainable.

Let a copy of this order be sent to the court below through the Registrar of the Court, forthwith.