Section 362 in The Code of Criminal Procedure, 1973
362. Court not to alter judgment.
- Save as otherwise provided by this Code
contained in Section 362 Cr.P.C. which corresponds to Section 369 of the old Cr.P.C . Section 362 , Cr.P.C. reads ... constitutional validity of the provisions of the Code of Criminal Procedure , particularly Section 362 , Cr.P.C. which is basically against the rights
there is no provision of review in Criminal Law. Section 362 of the
Code of Criminal Procedure specifically bars review of its own judgment ... basis fresh grounds are available to
the petitioner.
Section 362 of the Code of Criminal Procedure, which has
been pressed into service by the counsel
above case had occasion to consider Section 369
of Criminal Procedure Code, 1898 which is now Section
362 of Criminal Procedure Code, 1973. This Court ... only on
embargo of Section 362 and when embargo of Section 362
is expressly relaxed in proceeding under Section 125
362 Cr.P.C. does not inhibit the Courts
from exercising the power conferred under Section 437(5)
Cr.P.C. Section 362 ... case provisions of Section 437 (5) and 439(2) Cr.P.C.
operates in different situation than envisaged in Section
362 Cr.P.C. Therefore
Pandey has submitted that in view of the bar contemplated under section 362 of Cr.P.C., once the main petition under section ... dismissed in default in exercise of powers under section 482 of the code of criminal procedure with a view to secure the ends of justice
review its order in view
of legal impediment on account of Section 362 CrPC and,
therefore, petitioner cannot file an application for
restoration ... eventuality the order
becomes a nullity and the provisions of
Section 362 Cr.P.C. would not operate. In
such eventuality, the judgment is manifestly
compounded under Section 147 of Negotiable Instrument
Act by invoking Section 482 of Cr.P.C., overriding the
embargo under Section 362 of ... judis.nic.in
Crl.M.P.SR No.63240 of 2019 in Crl.A.No.373 of 2015
Section 362 of
pronounced by them disposing of the criminal appeals, That was clearly in contravention of the provisions of Section 362, Cr.P.C.
Section 362 , ... certain situations Section 397 of the Criminal P.C. relating to revision may not stand as a bar to jurisdiction under Section 482 ,
nature and scope of power under Section 482 Code of Criminal Procedure vis a vis Section 362 Crpc, it has become necessary ... jurisdiction to review its order either Under Section 362 or Under Section 482 of Code of Criminal Procedure ( State of Kerala v. M.M. Manikantan