Legal Reference Library

Allahabad High Court has held that, in view of the prohibition contained in Section 362 of the Code of Criminal Procedure even the High Court in exercise of its inherent power under Section 482 CrP.C has no authority or jurisdiction to alter/review a Judgment in a Criminal Case, after the Judgement is signed. Relying on the Supreme Court Judgment in Sooraj Devi Vs. Pyare Lal, 1981 (1) SCC 500, the Court held that the prohibition in Section 362 CrPC against the court altering or reviewing its judgment, is subject to what is “otherwise provided by this code or by any other law for the time being in force”. These words, however, refer to those provisions only where the Court has been expressly authorized by the code or other law to alter or review its judgement. The inherent power of the court is not contemplated by the saving provision contained in Section 362 CrPC and, therefore, the attempt to invoke that power can be of no avail. “Thus, the law on the issue can be summarized to the ef...

Supreme Court in Anant Prakash Sinha @ Anant Sinha vs State of Haryana, has observed that while adding or altering a charge under Section 216 CrPC, the trial court has to keep in view, the test of prejudice to the accused. Apex Court Bench comprising of Justices Dipak Misra and Shiva Kirti Singh said that it is the duty of the trial court to bear in mind that no prejudice is caused to the accused as that has the potentiality to affect a fair trial. Background In this case, the Magistrate had allowed an application under Section 216 of the Code of Criminal Procedure by a-wife for framing an additional charge under Section 406 IPC, holding that prima facie case for criminal breach of trust was made out. This order was assailed in revision and the Revisional court partly allowed the revision petition by setting aside the order of framing of charge against the mother-in-law. The said order was upheld by the High Court. The husband then approached the Apex Court. Test of Prejudice Referring...