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
matter afresh is against the very spirit of Section 362 of the Code of Criminal Procedure and would tantamount to abuse of process ... criminal Court does not have power to recall it's own order under Section 362 of the Code of Criminal Procedure.
20. In this
held that Section 362 of the Criminal Procedure Code mandates that no Court, when it has signed its judgment or final order disposing ... stipulate that in view of Section 362, even this Court exercising original power as a criminal court under Section 482 Cr.P.C., cannot
reading of Section 362 , Cr.P.C in my opinion would prevail over Section 482 , Cr.P.C and Section 362 , ... original criminal jurisdiction. Such a power cannot be exercised with the aid or under the cloak of Section 482, Section 362 of the Code mandates
prior to the amendment of the Criminal Procedure code. The old Section 369 of the Code of Criminal Procedure does not find the word ... occasion to consider only the old Section 369 . Cr.P.C . Under the new Code, Section 362 prohibits interference when once there is a final
High court under its inherent power under Section 482 of the Code of Criminal procedure. The practice of filing miscellaneous petitions after the disposal ... them disposing of the criminal appeals and that was clearly in contravention of the provisions of Section 362 Cr.P.C. It was further observed
exercised power of review not conferred by the Code on a criminal court. Section 362 of the Code does not empower a criminal court ... Section 482 Cr.P.C. ought not to be exercised in such manner as would in effect overcome the bar placed under Section 362
judis
____________
CRL. O.P. No.17910/2018
correcting the clerical and arithmetical errors, in view of the bar envisaged u/s
362 ... Section 362 Cr.P.C., which is quoted hereunder :-
“362. Court not to alter judgment – Save as otherwise
provided by the Code
dated 06.11.2017 passed in this Crl.O.P., the only remedy is to approach the Apex Court, as Section 362 ... Court dated 06.11.2017 passed in this Crl.O.P. In view of the bar imposed under Section 362 Cr.P.C., no review/recall/amendment
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
