Can there be a review of the order under section 362 of the CrPc in a Order of the Court under section 457 of the CRPC?
N.K.Assumi
(Querist) 29 March 2009
This query is : Resolved
Petition was filed under 457 of the CrPc for interim release of the vehicle which was rejected by the Court. can the same Court review its order under section 362 of the CrPc? as the district Transport Officer has clarified tha the claimant is the registered owner of the vehicle?
PALNITKAR V.V.
(Expert) 29 March 2009
No. Only clericle or arithmatical errors can be corrected as per Sec. 362. However, I am of the opinion that you can make fresh application if the clarification from the Transport Officer is received after rejection of the first application. There is no bar for filing of fresh application on the ground of change in circumstances or availability of new evidence.
N.K.Assumi
(Querist) 29 March 2009
Yes, I am also of that view, as the law permit successive bail application when new grounds are discovered. Likewise i am also of the same view under 457 crPc etc.
B.B.R.Goud.
(Expert) 29 March 2009
yes. i do agree with my learned friend
Mr palnitkar
A. A. JOSE
(Expert) 30 March 2009
I am in agreement with Mr.Palnitkar.
adv. rajeev ( rajoo )
(Expert) 30 March 2009
when the application is reject u will have to file a criminal revision petition against the LC order. LC court cannot recall it's order.
I had filed an appliction for release of vehicle which was stolen,LC was rejected the application on the ground that there is no number plate on the vehicle, so on behalf of my client I preferred a criminal revision in the Dist., Court and I argued that after it is stolen the person immediately removes the number plate. ONly on this point my petition came to be allowed and Dist., Judge directed the LC to release the vehicle immediately to my client who is also an advocate.
Hiralal Das
(Expert) 07 April 2009
Thanks all of you the ld. members and the author.
I think your valuable opinions will assist everybody to solve their problem/matter in question properly.
