made
by the prosecution by filing a subsequent application under
Section 193 of Cr.P.C. to implead the present appellant as an
accused which ... view of the matter, learned counsel submits
that by virtue of Section 362 of Cr.P.C. and in view of the
judgment passed
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 8107/2021
Pradeep Kumar Son Of Shri Ummed Singh Pareek ... premise that the Criminal Court cannot review
or recall its own order by virtue of Section 362 of Cr.P.C. It seems
that
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 7335/2021
Choturam Gurjar S/o Sh. Narayan Gurjar ... petitioner and learned Public
Prosecutor. There is statutory provision under Section 362 of
Cr.P.C. that a criminal Court cannot review its own order
establish a
prima facie case under the Act, the restrictions under Section 18
of the Act do not apply. Thus, this court is not precluded from ... impermissible in light of the bar
contained under Section 362 of the CrPC. This legal position
stands fortified by the judgment
under Sec. 311 of the Cr.PC which was
dismissed and the same was assailed before this court by way of
filing the criminal misc ... record as the same is not
permissible under the law. Section 362 of the Cr.P.C clearly
restrains any such alteration or review
moved an application for suspension of
sentence under Section 397 / 401 of Cr.P.C. before this Court which
came to be allowed ... order, otherwise also it is not permissible under Section 362 of the
Cr.P.C. There is no force in the instant applications and therefore
moved an application for suspension of
sentence under Section 397 / 401 of Cr.P.C. before this Court which
came to be allowed ... order, otherwise also it is not permissible under Section 362 of the
Cr.P.C. There is no force in the instant applications and therefore
have been filed under Section
439 Cr.P.C. The petitioners have been arrested in connection with
FIR No.362/2021 registered at Police Station ... enlarge
the petitioners on bail.
5. Accordingly, the bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused
362/2019 registered at Police Station Ramganj, Ajmer for the
offence(s) under Sections 307 , 397 and 365 of IPC and Section ... enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is
allowed and it is ordered that the accused
which is
not tenable in the eyes of law as Section 362 of the Cr.P.C. makes
a complete bar upon making alteration
