Pushap Raj vs Ram Dhan

By way of this application filed under Section 482 of the Criminal Procedure Code (in short "Cr.P.C.") applicant, Pushap Raj, has prayed for recalling of the judgment dated 28.12.2016, vide which this Court while affirming the judgment passed by learned Courts below had dismissed the appeal so filed by the present applicant. Reasons stated in the application wherein a prayer has been made for recall of the judgment passed by this Court dated 28.12.2016 is that the controversy stands amicably settled between the parties.

Having heard learned counsel for the parties, I am of the considered view that this application is not maintainable. There is no provision under the Cr.P.C., wherein powers stand conferred upon this Court to recall or review its judgment. Power of review is not a common law right, but is a statutory right. In the absence of there being any power of review or recalling its judgment conferred upon this Court under the Cr.P.C., this Court cannot either review or recall its judgment so passed in exercise of inherent powers under Section 482 of the Cr.P.C. It is necessary to point out that Section 362 of the Cr.P.C. clearly envisages that save as otherwise provided by the said Code or by any other law for the time being in force, no Court, when it has signed its judgment shall alter or review the same except to correct a clerical or arithmetical error. In view of the above reasoning as there is no merit in the present application, the same is accordingly dismissed.