SASHIBHUSAN TRIPATHY Vs. STATE

JUDGEMENT

(1.) I have heard Mr. Mohapatra for the petitioners and Mr. N.C. Panigrahi, the learned Additional Government Advocate.

(2.) The order dropping a proceeding under S.133 of the Cr PC which is a final order within the meaning of S.362 of the same Code has been reviewed and the proceeding has been revived illegally on an application made for it. As provided in S.362 of the Code, save as otherwise provided by the 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. A clerical or arithmetical error is an order occasioned by an accidental slip or omission of the Court. It represents that which the Court never intended to say. It is an error apparent on the face of the record and does not depend upon its discovery on argument or disputation. An arithmetical error is a mistake of calculation and clerical error is a mistake in writing or typing. See AIR 1966 SC 1047 Master Construction Co. (P) Ltd. v. State of Orissa and AIR 1981 SC 736 : 1981 Cri LJ 296 Smt. Sooraj Devi v. Pyarelal. No case can be revived by reviewing the final judgment or order. In this connection, reference may be made to a decision of this Court in 1983 Cut LR (Cri) 185 Ranka Sahu v. Pratap Ch. Das.

(3.) I would allow the revision and quash the impugned order. Revision allowed.