Ashwin Giridhar Khimboria v. The State Of Maharashtra

Anand

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.109 OF 2015 IN CRIMINAL APPEAL NO.662 OF 2012 Ashwin Giridhar Khimboria .Applicant V/s.

The State of Maharashtra .Respondent Ms Rohini Dandekar, Advocate, appointed for the Applicant Mrs A.S.Pai, APP, for the Respondent/State

CORAM

:

SMT.V.K.TAHILRAMANI AND SMT.I.K.JAIN, JJ.

DATE :

30TH JANUARY, 2015 P.C.

.

Heard learned Advocate for the applicant and learned APP for the State.

2.

By Judgment and Order dated 26.06.2009 passed in S.C.No.481 of 2008 the learned 1st Ad-hoc Additional Sessions Judge, Greater Mumbai convicted the applicant/appellant under Section 302 of I.P.C. and sentenced him to

suffer R.I. for life and fine of Rs.2,000/-.

Being aggrieved by the said conviction and sentence, the applicant preferred Cri.Appeal No.662 of 2012 before this Court. By judgment and Order dated 13.10.2014 this Court dismissed the Appeal. The applicant is now seeking review of the Judgment and Order of this Court dated 13.10.2014.

3.

When a Criminal matter is finally disposed of, there is no provision in Criminal law regarding review of matter which is finally disposed of as is clear from Section 362 of Cr.P.C.. An order in a Criminal matter can only be corrected, if there is a clerical and/or arithmetical error. It is not the case of the applicant that there is a clerical and/or arithmetical error. Thus, it is not possible for this Court to entertain the prayer for review. Hence, application is dismissed. It would be open to the applicant to approach the appropriate forum as may be

permissible in law. The application is disposed of in above terms.

4.

Fees be paid to the appointed Advocate as per rules. Office to communicate this order to the applicant who is in Nasik Road Central Prison.

(SMT.I.K.JAIN, J.) (SMT.V.K.TAHILRAMANI, J.)