SITA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by certain strictures passed by this court in judgment dated 12.03.2010, the petitioner, a judicial officer, has approached this court for expunging the same.

(2.) THE brief facts of the case are that the petitioner was posted from June 2008 to June 2011 as District and Sessions Judge-cum-Special Judge, SC/ST (Prevention of Atrocities Act) Cases at Jalore. During this period, vide order dated 9.11.2009, he framed charges against one Mahendra Singh for offences under Sees. 279 and 304 IPC and for offence under Section 3(2)(v) of SC/ST of Prevention of Atrocities Act. Since Mahendra Singh was aggrieved by the said order, he filed a revision petition before this court. Vide judgment dated 12.3.2010, while accepting the revision petition and while quashing the order dated 9.11.2009, a learned Judge of this Court made certain disparaging observations which are as under :-

(3.) IN the case of Asit Kumar Kar vs. State of West Bengal and ORs.(AIR 2009 SC (Supp) 282), a distinction was made by the Hon'ble Supreme Court between the recalling of an order, and reviewing of an order. The Hon'ble Supreme Court observed, "while in review petition, the Court considers on merits, where there is an error apparent on the face of the record, in a recall petition the Court does not go into the merits but, simply recalls an order which was passed without giving an opportunity of hearing to an affected party". Recently, the same view has been reiterated by the Hon'ble Supreme Court in the case of Vishnu Agarwal (supra).