RANBIR SINGH DHANAJAL Vs. STATE

JUDGEMENT

(1.) This application has been filed on behalf of respondent No. 2 Mrs Aruna Gupta in which she has prayed that the operation of the order dated 28/04/2000 quashing the FIR No. 422 of 1996 (on joint request of the parties) under Sections 498A/406 Indian Penal Code registered at police station Badarpur, New. Delhi be stayed. The applicant has also asked for directions that the petitioner be directed not to leave the country without the permission of the Court and till then his passport be impounded. It is also prayed that the register' of the Oath Commissioner be summoned.

(2.) The learned counsel for the non-applicant submitted that this is an application for review of the order passed by this Court on 28/4/2000. She submitted that under Section 362 of the Code of Criminal Procedure, no such application is maintainable. Section 362 of the Code of Criminal procedure reads as under; 362. Court not to alter judgment.-Save as otherwise provided by this 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 a case, shall alter or review the same except 'to correct a clerical or arithmetical error." In number of cases, the Supreme Court and other courts had occasions to interpret this Section.

(3.) In State of Orissa vs Ram Chander Agarwala etc.; AIR 1979 Supreme Court 87. Their Lordships observed as under