Supreme Court Dismisses Review Petition in Criminal Matter Due to Absence of Error Apparent on Record. Review Jurisdiction Not Invoked as Grounds Failed to Establish Any Patent Error in Previous Order Dated 05.07.2021.

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Case Note & Summary

The Supreme Court was dealing with a review petition filed against an order dated 05.07.2021 in a criminal matter. The petitioners had filed an application seeking oral hearing in the matter, which was dismissed by the court. The court noted that the submissions advanced on behalf of the petitioners had already been dealt with in the earlier order dated 05.07.2021. The court examined the grounds raised in the review petition and found that they did not make out any error apparent on record that would justify judicial interference. The court reasoned that since no error apparent on record was established, there was no valid basis to entertain the review petition. Consequently, the court dismissed the review petition, finding no reason to interfere with the earlier order.

Headnote

A) Criminal Procedure - Review Jurisdiction - Error Apparent on Record - Code of Criminal Procedure, 1973 - Review petition was filed against order dated 05.07.2021 - Court examined grounds raised in review petition and found they did not make out any error apparent on record - Held that no reason exists to entertain the review petition which was accordingly dismissed (Paras 1-2).

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Issue of Consideration

Whether the review petition makes out any error apparent on record to justify interference

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Final Decision

Review petition dismissed

Law Points

  • Review jurisdiction
  • Error apparent on record
  • Interference in review petitions
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Case Details

2022 Lawtext (SC) (1) 1

REVIEW PETITION (CIVIL) NO.1353 OF 2021 IN SPCIAL LEAVE PETITION (CIVIL) NO.849 of 2021

2022-01-11

[Uday Umesh Lalit J. , Ajay Rastogi J.]

ABHINITAM UPADHYAY

HON’BLE ALLAHABAD HIGH COURT THROUGH ITS REGISTRAR GENERAL

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Nature of Litigation

Review petition in criminal matter

Remedy Sought

Petitioners sought review of order dated 05.07.2021

Filing Reason

To challenge the order dated 05.07.2021

Previous Decisions

Order dated 05.07.2021 where petitioners' submissions were dealt with

Issues

Whether the review petition makes out any error apparent on record to justify interference

Ratio Decidendi

Review jurisdiction should not be exercised unless there is an error apparent on record; grounds raised in the review petition did not make out any such error

Judgment Excerpts

The submissions advanced on behalf of the petitioners were dealt with in the order dated 05.07.2021 against which the instant review petition is preferred. The grounds raised in the review petition do not make out any error apparent on record to justify interference.

Procedural History

Order dated 05.07.2021 was passed → Review petition filed against that order → Application for oral hearing dismissed → Review petition examined and dismissed

Acts & Sections

  • Code of Criminal Procedure, 1973:
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Supreme Court Supreme Court Dismisses Review Petition in Criminal Matter Due to Absence of Error Apparent on Record. Review Jurisdiction Not Invoked as Grounds Failed to Establish Any Patent Error in Previous Order Dated 05.07.2021.
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