M SUDHAKAR BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner who is an accused in C.C.No. 101/1986 on the file of the I Addl. Judicial First Class Magistrate, Kurnool filed the petition under Sec. 482 Cr.P.C. to quash ths proceedings. THE petition was dismissed on 11-12-1989. THE learned counsel for the petitioner has filed a letter before the Registrar (Judicial) on 18-12-1989 requesting that the papers may be circulated for being mentioned for obtaining necessary orders. That is how the matter has come up again. THE learned counsel for the respondent-complainant had taken objection that as the order was passed on merits and already signed it cannot be reviewed excepting to correct a clerical or arithmetical error. He has relied on Section 362 Cr.P.C. which reads that 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. I, therefore, agree with the contention of the learned counsel for the respondent-complaint that the matter cannot be reheard. In view of the finding, I am not considering the contentions raised by the learned counsel for the petitioner on the merits of the case. THE matter is closed.