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Bombay High CourtAPPP/1/2016dismissed

Manish S/O Vasantrao Goswami v. Arun S/O Nagorao Gajbhiye And Another

2016-01-12Hon'Ble Shri Justice A.B. Chaudhari2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY:

NAGPUR BENCH : NAGPUR Criminal Application [APPP] No.1 of 2016 IN Criminal Application [APL] No. 475 of 2012 [decided] [Manish Vasantrao Goswami Vs. Arun Nagorao Gajbhiye & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. V.D. Muley, Adv., for the applicant.

Mr. Doifode, APP for respondent no.2.

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CORAM

:

A.B. CHAUDHARI, J.

DATE :

12th January, 2016.

Learned counsel for the applicant submits that the applicant has applied for recall of the Judgment dated 10th February, 2015 passed in Criminal Application No. 475 of 2012, principally on the ground that neither the applicant, nor the contesting respondent no.1 was at all heard; but the judgment came to be passed by this Court and, therefore, there is an error apparent on the face of record.

In the light of the prohibition provided by Section 362, Criminal Procedure Code, I think, neither recall, nor

review of the judgment in question can be made by this Court. Hence the application is dismissed, reserving liberty in favour of the applicant to take such steps - qua the judgment in question, as are available in law. Judge |hedau|