MOHANLAL KALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal misc. application has been moved by the petitioner Mohan Lal seeking recalling of the order dtd. 24/11/2022 passed by this Court in S.B. Criminal misc.(Pet.) No.6072/2022 on the ground that he has a good case for quashing of the FIR No.332/2022 registered at Police Station Kotwali, District- Dungarpur. A perusal of the application revealing that the petitioner has contended that the search and seizure operation was made by the authority beyond the purview of law and if the order is not recalled and misc. petition under Sec. 482 of Cr.P.C. is not restored, the petitioner shall be rendered remedy less. Considered the averments made in the application and gone through the order dtd. 24/11/2022.

(2.) The order dtd. 24/11/2022 came to be passed by this Court after affording opportunity to the counsel for the petitioner and counsel for the respondent State and after going through the factual report sent by the concerned police station and after due application of mind. Sec. 362 of Cr.P.C. makes it abundantly clear that after passing the final order, the Court becomes functus officio. No alteration can be made except the clerical and arithmetic errors in the order.

(3.) By way of filing the instant application, the petitioner has sought de novo consideration of his petition which is not permissible under the law. The petition is misconceived and, therefore, deserves dismissal. Accordingly, the petition is dismissed. The application is disposed of.