KENCHA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) I. A. II is an application filed by the appellant in this case to recall the Judgment dated 22-2-1985 pronounced by the Court dismissing the appeal for reasons stated therein. The Judgment is signed. In I. A. II which is under Section 482 Cr. P.C. the request is, as already stated, to recall that Judgment and to hear him.

(2.) In support of the application the appellant had filed an affidavit stating that he had engaged a counsel at the first instance, but had withdrawn the brief from him in order to engage some other Advocate; that in the mean while he had been laid up with serious illness and that in the meanwhile the appeal had been disposed of after hearing the Public Prosecutor, but not hearing him or his counsel and therefore the Judgment be recalled and he be heard afresh.

(3.) Section 362 Cr. P.C. says that except as otherwise provided in the Code or by any other law for the time being in force, no Court when it has signed its Judgment or final order disposing of the case shall alter or review the said Judgment or order except to correct a clerical or arithmetical error. The present Section 362 corresponds to old Section 369 except for a slight change and one such change brought about in the new Section is that apart from a Judgment, a final order disposing of a case is also brought within the scope of Section 362. In that way the scope of the Section is widened. Examining the scope of the old Section 369, the Supreme Court observes in State of Orissa -v.- Ramchander Agarwala, that "once a judgment has been pronounced by a High Court either in exercise of its appellate or its revisional jurisdiction, no review or revision can be entertained against that judgment as there is no provision in the Code which would enable the High Court to review the same....". The request in I. A. II is to recall the order already pronounced.