Chhanni vs The State Of Uttar Pradesh on 6 July, 2006
"There is no power of review with the Criminal Court after
judgment has been rendered. The High Court can alter or review
its judgment before it is signed. When an order is passed, it cannot
be reviewed. Section 362 Cr.P.C. is based on an acknowledged
principle of law that once a matter is finally disposed of by a
Court, the said Court in the absence of a specific statutory
provision becomes functus officio and is disentitled to entertain a
fresh prayer for any relief unless the former order of final disposal
is set aside by a Court of competent jurisdiction in a manner
prescribed by law. The Court becomes functus officio the moment
the order for disposing of a case is signed. Such an order cannot be
altered except to the extent of correcting a clerical or arithmetical
error. There is also no provision for modification of the judgment.
(See: Hari Singh Mann v. Harbhajan Singh Bajwa & Ors., AIR
2001 SC 43; and Chhanni v. State of U.P., AIR 2006 SC 3051).
Moreover, the prohibition contained in Section 362 Cr.P.C. is
absolute; after the judgment is signed, even the High Court in
exercise of its inherent power under Section 482 Cr.P.C. has no
authority or jurisdiction to alter/review the same.