Crl. L.J. 2462
14 PNRJ, WP 40818 OF 15
17. Even assuming that Section 362 of Code of Criminal
Procedure is applicable to cases ... matters
under Sections 12 , 18 to 23 and 31 provisions of Criminal
Procedure Code are made applicable and a fortiori section 362
appearing for C.B.I. has vehemently relied on Section 362 of Code of Criminal Procedure,1973 ( hereinafter referred to as " ... Cr.P.C. is there in Chapter XXIX of Cr.P.C . Section 374 and 389 would be applicable and Section 386 of
first is that Section 362 of the
Code is expressly subjected to “what is otherwise provided by the Code or by
any other ... eventuality the order becomes a nullity and the provisions of
Section 362 Cr.P.C. would not operate. In such an eventuality,
the judgment
Criminal
Procedure Code . The procedure in criminal matters, according to us, is
confined in matters of correction to the extent as defined under
Section 362 ... Section 482 of the Cr.P.C.
cannot be exercised to do something expressly barred under the
Criminal Procedure Code , referring to Section 362
another , has contended
that in view of specific bar contained in Section 362 Cr.P.C,
the Court in criminal case cannot alter, judgment ... allowed by the Predecessor of the trial
Judge on 15.3.2018. Undoubtedly, Section 362 Cr.P.C. is
applicable in proceedings under Section
State Government under Section 197 of the Code
of Criminal Procedure, 1973 (hereinafter referred to as
" Cr.P.C .") was necessarily required ... recall is not permissible in view of
the provisions of Section 362 Cr.P.C. for the simple reason
that Section 362
stipulate that in view of Section 362, even this Court
exercising original power as a criminal court under
Section 482 Cr.P.C., cannot ... invocation of the powers afresh under Section
482 Cr.P.C. notwithstanding the bar under Section 362
Cr.P.C. In the instant case
merits and also not
maintainable in view of the provision of Section 362 Cr.P.C.
On rebuttal of argument with regard to maintainability raised ... case would consider again then same against
the spirit of Section 362 Cr.P.C. Therefore, in view of the pronouncement
limitation period of three years
as provided in Section 468 (2) (c) of Criminal Procedure
Code, 1973. Therefore, impugned order suffered from
errors apparent ... under the Criminal Procedure
Code . If any consideration of the facts by way of review is
not permissible under the Criminal Procedure Code
complaint. Under the
Criminal Procedure Code , the only provision that
enables the Court to correct its order is Section 362
which reads as follows ... CRL.P.No.15667/2013
circumstance Hon'ble Supreme Court held that the
Court cannot recall its own order invoking Section 362
