Supreme Court Dismisses Review Petition in Criminal Case Due to Absence of Error Apparent on Record. Delay in Filing Petition Was Condoned, but No Grounds for Interference Found Under Review Jurisdiction.

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Case Note & Summary

The case involved a Review Petition filed by Smt. Kiran Devi against Ravindra Kumar Yadav in the Supreme Court of India under its inherent jurisdiction. The petitioner sought review of an order dated 9.7.2021, with a delay of 17 days in filing the petition, which was condoned by the court. The core legal issue was whether there was any error apparent on record justifying interference with the earlier order. The petitioner's arguments were not detailed in the judgment text, but the court noted that the order under review was passed after considering rival submissions and in the peculiar facts and circumstances of the case. The court analyzed the contents of the Review Petition and concluded that no error apparent on record was found. The court reasoned that the absence of such an error precluded interference, leading to the dismissal of the Review Petition. The decision upheld the earlier order, with the court dismissing the petition and favoring the respondent in the underlying matter.

Headnote

A) Criminal Procedure - Review Petition - Error Apparent on Record - Code of Criminal Procedure, 1973 - The petitioner sought review of an order dated 9.7.2021 after a delay of 17 days, which was condoned - The court examined the contents of the Review Petition and found no error apparent on record to justify interference - Held that the order was passed after considering rival submissions and in peculiar facts and circumstances, and thus the Review Petition was dismissed (Paras 1-2).

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Issue of Consideration

Whether there is any error apparent on record justifying interference in the order dated 9.7.2021

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Final Decision

Delay of 17 days in preferring the Review Petition is condoned. The Review Petition is dismissed as no error apparent on record is found to justify interference.

Law Points

  • Review jurisdiction
  • error apparent on record
  • condonation of delay
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Case Details

2021 LawText (SC) (11) 50

Review Petition (Crl.) No. of 2021 (Diary No.19780 of 2021) in Special Leave Petition (Crl.) No.4083 of 2020

2021-11-16

Uday Umesh Lalit, Ajay Rastogi, Aniruddha Bose

Smt. Kiran Devi

Ravindra Kumar Yadav

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Nature of Litigation

Review Petition in a criminal matter

Remedy Sought

Petitioner seeking review of order dated 9.7.2021

Filing Reason

To challenge the order dated 9.7.2021

Previous Decisions

Order dated 9.7.2021 passed after considering rival submissions and in peculiar facts and circumstances

Issues

Whether there is any error apparent on record justifying interference in the order dated 9.7.2021

Ratio Decidendi

Review jurisdiction requires an error apparent on record for interference; absence of such error justifies dismissal of the review petition.

Judgment Excerpts

Delay of 17 days in preferring the Review Petition is condoned. We have gone through the contents in the Review Petition and do not find any error apparent on record to justify interference. This Review Petition is, therefore, dismissed.

Procedural History

Special Leave Petition (Crl.) No.4083 of 2020 led to order dated 9.7.2021; Review Petition (Crl.) No. of 2021 filed with delay of 17 days, which was condoned; Supreme Court dismissed the Review Petition on 16.11.2021.

Acts & Sections

  • Code of Criminal Procedure, 1973:
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Supreme Court Supreme Court Dismisses Review Petition in Criminal Case Due to Absence of Error Apparent on Record. Delay in Filing Petition Was Condoned, but No Grounds for Interference Found Under Review Jurisdiction.
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