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Subramanium Sethuraman vs State Of Maharashtra & Anr on 17 September, 2004

18. Ld. Trial Court has suo moto proceeded to review / recall the order dated 05.04.2022 passed by her Predecessor Officer and ordered for dropping of prosecution proceedings qua the accused persons Mandeep Singh Suri and Mrs. Tarvinder Kaur Suri. The impugned order dated 15.09.2022 has been passed by Ld. Trial Court without having any power as there is no provision in the Cr.PC 1973 empowering the criminal Court to recall/review its own order and reliance is placed upon the decision of Hon'ble Three Judge Bench of the Hon'ble Supreme Court in "Adalat Prasad Vs. Roop Lal Jindal & Ors. (2004) 7 SSC 338 = 2004 (3) JCC 1347" and in "Subramanium Sethuraman Vs. State of Maharashtra & Anr -(2004) 13 SCC = 2004 (3) JCC [NI] 175". A totally incorrect and illegal order has been passed by Ld. Trial Court and it is a Crl. Rev Nos. 514/2022 & 425/2022 Page 7 of 8 fit case to exercise the revisional power of this Court to correct the illegality, therefore, impugned order dated 15.09.2022 qua decline of cognizance against accused Mandeep Singh Suri and Tarvinder Kaur Suri and release of their bail bonds and surety bonds is hereby set aside.
Supreme Court of India Cites 6 - Cited by 266 - Full Document
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