Rajendra Petras Lalzare v. Nanabhau Sahebrao Lalzare

2025:BHC-AUG:17692 20-CrAn-2248-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2248 OF 2025 IN WP/412/2025 RAJENDRA PETRAS LALZARE

VERSUS

NANABHAU SAHEBRAO LALZARE ...

Applicant present in person APP for Respondent No.5 : Mr. R. B. Dhaware ...

CORAM : KISHORE C. SANT, J.

DATE : 07-07-2025 PER COURT:- 1.

Heard the applicant in person.

2.

The petition is filed seeking recall of the order passed by this Court dated 27.03.2025 in Criminal Writ Petition No.412 of 2025. By this petition, party in person, in fact, seeks review of the order. 3.

It is seen that this Court has passed the order on two grounds firstly, there was delay of five years; and, secondly, that order under challenge in the petition was passed by giving due opportunity of hearing to the parties. It is also further observed that the matter arises out of civil dispute. The point of sanction under Section 197 of the Code of Criminal Procedure ("Cr.P.C.") was also considered by this Court. This Court, thus, finds that recalling the order would practically amount to reviewing of the order. In view of Section 362 of the Cr.P.C., no review is permissible.

4.

In view of the above, this Court is unable to entertain this application. Hence, the Criminal Application stands dismissed and disposed of.

[KISHORE C. SANT, J.] rrd