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Adalat Prasad vs Rooplal Jindal & Ors on 25 August, 2004

35. At last, this Court has also taken into consideration the petitioner's arguments qua the impugned order dated 14th March, 2023 and is of the considered view that the learned ASJ rightly passed the same by stating that the Sessions Court does not have the power to recall/review its own order. The same is in line with the law laid down by the Hon'ble Supreme Court in the case of Adalat Prasad v. Rooplal Jindal, (2004) 7 SCC 338 as per which the CrPC does not provide for any review power or inherent power with the subordinate criminal Courts and the remedy lies in invoking Section 482 of the CrPC (now Section 528 of the BNSS). Thus, it is held that there is no illegality in the impugned order dated 14 th March, 2023 and the petitioner's arguments thereto are rejected.
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