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Thursday, March 11, 2010

No Criminal Court can review its own judgment or order after it is singed.

2010(1) LAW HERALD (P&H) 260
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Criminal Misc. No. 37787 of 2009 in Criminal Revision No. 1001 of 2000
Harjinder Singh & Ors.
v.
State of U.T. Chandigarh & Ors.
{Decided on 05/08/2009}
For the Petitioner: Mr. D.V. Sharma, Senior Advocate, with Ms. Shushma Chopra, Advocate.
IMPORTANT POINT
Review--No Criminal Court can review its own judgment or order after it is singed.
Accident--Motor accident case--Whether compoundable--Held-NO--Composition of such offences would be against public policy.
(A) Criminal Procedure Code, 1973, S.362--Recalling of order--No Court once it has signed its judgment or final order disposing of a case shall alter or review the same except to correct a clerical or arithmetical error. (P.5)
(B) Criminal Procedure Code, 1973, S.320 & 482--Indian Penal Code, 1860, S.279 and 304-A--Motor accident case--Whether compoundable--Held--NO--On account of rash and negligent driving a valuable life of 17 years old boy cut short--Keeping in view nature and seriousness of offence under Section 279 and 304-A of IPC, the parliament did not make the same compoundable--Composition of such offences would be against public policy. (P.6)