GULAM AHMED Vs. LATE HAJI MAULANA MOHAMMAD ZAHOOR

JUDGEMENT

(1.) They are heard on the objection under Section 362 of the Code of Criminal Procedure by the applicant. This Court, while allowing the revision filed by the applicant, reversed the order of the First Addl. Sessions Judge, Jabalpur dated 12-7-1990 passed in Criminal Revision No. 19/89 and affirmed that of the Addl. Chief Judicial Magistrate, Jabalpur dated 18-12-1988 passed in Complaint Case No. 1154/88, discharging the applicant from the liability of an offence under Section 420, IPC.

(2.) Subsequent to the dismissal of the revision petition, the non-applicant filed an application under Section 482 of the Code of Criminal Procedure in Misc. Criminal Case No. 3680/95 and this Court while exercising the inherent powers, recalled the order dated 8-8-1994 passed in Criminal Revision No. 595/90.

(3.) Shri Tiwari, learned counsel for the applicant has contended that Section 362 of the Code of Criminal Procedure prohibits the Court from altering or reviewing the final order passed, except correction of clerical errors. Therefore, the order dated 10-5-1995 passed in Misc. Criminal Case No. 3680/95 is bad in law. Shri Tiwari also placed reliance on a decision of the Apex Court in State of Orissa v. Ramchander, AIR 1979 SC 87 : (1979 Cri LJ 33) wherein the Apex Court has held that once 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 Judgement as there is no provision in the Code which would enable the High Court to review the same or to exercise revisional jurisdiction.