RAJVEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under section 482 of Crimial P.C. 1973 has been filed by the petitioner for recalling the order dated 10.12.2018 passed in M.Cr.C. No.42689/2018, whereby petition bearing M.Cr.C. No.5394/2017 has been restored.

(2.) Learned counsel for the petitioner submits that such restoration of M.Cr.C. No.5394/2017 is not permissible in the eyes of law in exercise of power under section 482 of Crimial P.C. 1973 The grounds with respect to restoration are totally fake and misconceived and without jurisdiction as the petition was never dismissed for want of prosecution but it was withdrawn with the consent of the Court by filing I.A. No.4944/2018, which was on record.

(3.) Learned counsel for the petitioner vehemently submits that since Court has no jurisdiction to restore the petition, which was withdrawn with the consent and there is absolute bar under section 362 of Cr.P.C , 1973to review an order passed by the Court, therefore, Court by exercising the suo moto power under section 482 of Crimial P.C. 1973 could not have restored M.Cr.C. No.5394/2017.