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Madhya Pradesh High Court

Santosh Kumar Vishwakarma vs State Of Madhya Pradesh on 27 April, 2023

Author: Anjuli Palo

Bench: Anjuli Palo

                                                                         1
                                       IN     THE      HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                      HON'BLE SMT. JUSTICE ANJULI PALO
                                                             ON THE 27 th OF APRIL, 2023
                                                     MISC. CRIMINAL CASE No. 28653 of 2022

                                      BETWEEN:-
                                      SANTOSH KUMAR VISHWAKARMA S/O SHRI JAMUNA
                                      PRASAD VISHWAKARMA, AGED ABOUT 18 YEARS, R/O
                                      VILL. AMEDHIYA P.S. MAJHOULI DISTT. SIDHI M.P.
                                      (MADHYA PRADESH)

                                                                                                        .....APPLICANT
                                      (BY SHRI S.D. MISHRA - ADVOCATE)

                                      AND
                                      STATE OF MADHYA PRADESH THROUGH STATION
                                      HOUSE OFFICER POLICE STATION MAJHOULI DISTT.
                                      SIDHI M.P. (MADHYA PRADESH)

                                                                                                     .....RESPONDENT
                                      (BY SHRI PRAMOD KUMAR CHOUBEY - GOVT. ADVOCATE)

                                            This application coming on for admission this day, the court passed the
                                      following:
                                                                          ORDER

The applicant has filed this petition invoking the extraordinary jurisdiction of this Court under Section 482 of Cr.P.C for recall/review of judgment dated 12.5.2022 passed by this Court in Criminal Appeal No. 2387 of 1997.

The sole contention of learned counsel for the applicant is that at the time of incident, the applicant was minor, therefore, his trial ought to have been conducted before Juvenile Justice Board. It is submitted that this Court has not Signature Not Verified SAN considered this aspect at the time of passing of the impugned judgment, hence the same may be recalled.

I have heard learned counsel for the parties. The date of incident was 31.5.1995 at that time, the age of the appellant was between 16-17 years as per medical evidence as observed by the trial Court in Para 51 of its judgment. From the perusal of the judgment under review, it appears that contention regarding age of the appellant was not raised at the time of hearing of the appeal, hence it cannot be raised at this stage in review petition. This Court dismissed the appeal filed by the appellant after meticulously appreciating the evidence available on record, hence, I do not find any ground to recall/review the judgment dated 12.5.2022 passed by this Court in Criminal Appeal No. 2387 of 1997. Even otherwise, this Court has no power to alter its own judgment in exercise of powers under S. 482 Cr.P.C. in view of the bar created by Section 362 Cr.P.C. [See. Moti Lal Vs. State of M.P. - AIR 1994 SC 1544; Mohd. Yaseen Vs. State of U.P. (2007) 3 (Cri) 297, Kirti Prakash Vs. State of U.P. - 2004 CrLJ 3522, Perumal P.S.L. Vs. K. Baliah 2004 CrLJ 3240 (3241) (Mad), Mool Chand Vs. State of M.P. - 2008 (2) MPLJ 426 (MP)] In view of the aforesaid, this review petition is hereby dismissed.

(SMT. ANJULI PALO) JUDGE PB Signature Not Verified SAN Digitally signed by PRADYUMNA BARVE Date: 2023.04.29 11:48:08 IST