MANAGOVINDA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) The application has been made by the three convicted persons from the jail under section 482 of the Code of Criminal Procedure for review of the judgment dated 19-4-1977 passed by a Division Bench of this Court in Criminal Appeal No. 207 of 1975 maintaining the order of conviction under section 302 read with section 34 of the Indian Penal Code and the sentence of imprisonment for life passed against the petitioners by the Additional Sessions Judge, Cuttack.

(2.) There is no provision in Criminal Procedure Code 1973 enabling the High Court to relied its own judgment. section 4b1 or Criminal Procedure Code cannot be invoked for review when alteration or review in specifically prohibited by Section 362 of the Code.There is no provision in Criminal Procedure Code 1973 enabling the High Court to relied its own judgment. section 4b1 or Criminal Procedure Code cannot be invoked for review when alteration or review in specifically prohibited by Section 362 of the Code. 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 of Criminal Procedure enabling the High Court to review the same or to exercise revisional jurisdiction. Section 362 of the Code of Criminal Procedure prohibits a Court from altering or reviewing its judgment when once it has signed it. The provision of section 482 of the Code of Criminal Procedure cannot be invoked for exercise of a power which is specifically prohibited by the Code (See State of Orissa v. Ram Chander Agarwalla etc.1)

(3.) We thus find that the application is devoid of merits and it cannot be maintained in law. The application is accordingly rejected and the Miscellaneous Case stands dismissed. Application dismissed.