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The SC allowed the appeal and set aside the impugned order dated 05.05.2021. The Court held that criminal courts are functus officio once a judgment or final order is signed and Section 362 CrPC bars alteration or review thereof except to correct clerical or arithmetical errors or where another statute expressly permits. A review petition filed under Order XLVII CPC in proceedings initiated under the CrPC was held not maintainable; the High Court lacked jurisdiction to entertain such review. The attempted recall/review did not qualify as permissible "procedural review" nor raised any fresh, unheard matter, and thus the challenged High Court order was quashed.
The SC allowed the appeal and set aside the impugned order dated 05.05.2021. The Court held that criminal courts are functus officio once a judgment or final order is signed and Section 362 CrPC bars alteration or review thereof except to correct clerical or arithmetical errors or where another statute expressly permits. A review petition filed under Order XLVII CPC in proceedings initiated under the CrPC was held not maintainable; the High Court lacked jurisdiction to entertain such review. The attempted recall/review did not qualify as permissible "procedural review" nor raised any fresh, unheard matter, and thus the challenged High Court order was quashed.
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