Supreme Court Dismisses Review Petition in Criminal Matter Due to Absence of Error Apparent on Record. Review jurisdiction exercised where petitioner challenged dismissal of Special Leave Petition against trial court's cognizance order, but court found no grounds for interference under inherent jurisdiction.

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Case Note & Summary

The Supreme Court of India was hearing a Review Petition (Criminal) No. 410 of 2021 in Special Leave Petition (Criminal) No. 1482 of 2021. The petitioner, B. G. Uday, sought review of the Supreme Court's earlier dismissal of a Special Leave Petition. The Special Leave Petition had challenged the High Court's order which had rejected the challenge to the trial court's order dated October 22, 2020, taking cognizance of an offence. The Supreme Court had previously dismissed the Special Leave Petition after considering the material on record and finding no case for interference. In the review petition, the Supreme Court examined whether there was any error apparent on record that would justify interference. The court found no such error and dismissed the review petition. The judgment was delivered by a bench comprising Justices Uday Umesh Lalit, S. Ravindra Bhat, and Bela M. Trivedi on November 30, 2021.

Headnote

A) Criminal Procedure - Review Jurisdiction - Error Apparent on Record - Code of Criminal Procedure, 1973 - Review petition sought reconsideration of dismissal of Special Leave Petition challenging trial court's cognizance order - Supreme Court examined the review petition and found no error apparent on record to justify interference - Held that review petition must be dismissed as no grounds for review were established (Paras 1-2).

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Issue of Consideration

Whether there was any error apparent on record justifying interference with the dismissal of the Special Leave Petition challenging the trial court's cognizance order

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Final Decision

The Review Petition is dismissed. The Supreme Court found no error apparent on record to justify interference.

Law Points

  • Review jurisdiction in criminal matters
  • Error apparent on record
  • Interference with trial court cognizance
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Case Details

2021 LawText (SC) (11) 76

Review Petition (Criminal) No. 410 of 2021 in Special Leave Petition (Criminal) No. 1482 of 2021

2021-11-30

Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi

B. G. Uday

H. G. Prashanth

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Nature of Litigation

Criminal review petition challenging dismissal of special leave petition

Remedy Sought

Petitioner seeking review of Supreme Court's dismissal of Special Leave Petition

Filing Reason

To challenge the trial court's order taking cognizance of offence

Previous Decisions

Trial Court took cognizance of offence on 2020-10-22; High Court rejected challenge to cognizance order; Supreme Court dismissed Special Leave Petition challenging High Court's order

Issues

Whether there was any error apparent on record justifying interference with the dismissal of the Special Leave Petition

Ratio Decidendi

Review jurisdiction in criminal matters requires error apparent on record; where no such error exists, review petition must be dismissed.

Judgment Excerpts

We have gone through the Review Petition and do not find any error apparent on record to justify interference. This Review Petition is dismissed.

Procedural History

Trial Court passed cognizance order on 2020-10-22; High Court rejected challenge to cognizance order; Supreme Court dismissed Special Leave Petition challenging High Court's order; Supreme Court dismissed Review Petition on 2021-11-30

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 exercised where petitioner challenged dismissal of Special Leave Petition against trial court's cognizance order, but court fou...
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