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
Section 482 , Cr.PC (New) and 561A, Cr.PC (Old) "bar" created by Sections 369 & 424 , Cr.PC (Old) and Sections 362 ... Cr.PC were contained in Sections 369 , 424 and 561-A , Cr.PC. It would be noticed that Section 362 Cr.PC (New), contains
Section 362 of Cr.P.C., which is reproduced as under:
362. Court not to alter judgment: Save as otherwise provided by this Code ... ground of limitation. The Court holds that Section 362 of the Criminal Procedure Code did not permit the Court to alter or review its earlier
exercise of power under
Section 482 of Cr.P.C is subject to restriction imposed under
Section 362 of Cr.P.C., which expressly prohibits ... recalling its own judgment. For further clarification,
the relevant provision of Section 362 Cr.P.C is reiterated as
follows: -
" Section 362
view that as per the provisions contained under Section 362
Cr.P.C., this Court cannot alter the order dated 08.08.2017 passed
by this ... Court while deciding S.B. Criminal Misc. Petition
No.1438/2017. For ready reference the provisions contained under
Section 362 Cr.P.C. are quoted
view that as per the provisions contained under Section 362
Cr.P.C., this Court cannot alter the order dated 08.08.2017 passed
by this ... Court while deciding S.B. Criminal Misc. Petition
No.1438/2017. For ready reference the provisions contained under
Section 362 Cr.P.C. are quoted
which was moved under Section 70(2) Cr.P.C. was
rejected by the applicant relying on provisions of Section 362
Cr.P.C. which ... decide the application under Section 70(2) Cr.P.C.
solely on basis of embargo contained under Section 362 Cr.P.C.
This court
also argued that no petition under section Cr.P.C . is maintainable in view of Section 362 of Cr.P.C. The contention ... saving provision contained in Section 362 .
7. Thus, keeping in view the provisions of Section 362 Cr.P.C. and the principles laid down
cannot review its earlier order in view of the provisions of Section 362 Cr.P.C.
3. It may also be noted that revision petition ... impugned order and contended that impugned order is barred under Section 362 Cr.P.C. and has referred to a decision of the Apex Court
Section 319 , CrPC; in such circumstances, 3rd application at the instance of complainant invoking discretionary powers of trial Judge Under Section 319 CrPC ... taking cognizance in exercise of powers Under Section 319 , CrPC and Section 362 , CrPC, reference whereof has been made by Counsel
