Case Note & Summary
The Supreme Court of India was dealing with a review petition filed in a criminal appeal matter. The petitioner, Shikha Jain, sought review of an earlier order in Criminal Appeal No.731 of 2021 against the State of Uttar Pradesh and another respondent. The court noted that considering the facts and circumstances on record and in keeping with the spirit of settlement that was earlier arrived at, relief had been granted in the original matter. The court examined the grounds taken in the review petition and found no error apparent that would justify interference. The court emphasized that for a review petition to succeed, there must be an error apparent on the face of the record. After thorough consideration, the court concluded that no such error existed in this case. Accordingly, the review petition was dismissed, maintaining the original order that had been passed in the criminal appeal. The judgment was delivered by a bench comprising Justice Uday Umesh Lalit and Justice Ajay Rastogi on November 16, 2021.
Headnote
A) Criminal Procedure - Review Jurisdiction - Error Apparent on Record - Code of Criminal Procedure, 1973 - Review petition was filed seeking reconsideration of earlier order - Court examined grounds taken in review petition and found no error apparent to justify interference - Held that review petition must be dismissed as no error was apparent on record (Para 1).
Issue of Consideration
Whether there was any error apparent on record justifying interference in the review petition
Final Decision
Review Petition dismissed
Law Points
- Review jurisdiction
- error apparent on record
- settlement spirit
- inherent jurisdiction
