Judicial Justice of the Peace doesn’t have energy to evaluation, recall verdict: Punjab and Haryana Excessive Court docket

Judicial Justice of the Peace doesn’t have energy to evaluation, recall verdict: Punjab and Haryana Excessive Court docket



Tribune Information Service

Saurabh Malik

Chandigarh, Could 10

In a major judgment on a judicial Justice of the Peace’s authority to re-examine his orders, the Punjab and Haryana Excessive Court docket has dominated that the judicial officer doesn’t have the facility to evaluation or recall the decision on any floor in any way after the ultimate determination.

The ruling by Justice Vikas Bahl got here in a case the place a criticism filed by the State of Punjab by means of an Inspector (insecticide) towards a agency and different accused was dismissed in default because the complainant didn’t file the criticism’s copy. However Muktsar Chief Judicial Justice of the Peace vide order dated September 30, 2019, allowed an software and restored the criticism.

Difficult the order, the counsel for the petitioners contended that the restoration order was completely unlawful and towards regulation “in as a lot as it’s the settled precept of regulation that the Judicial Justice of the Peace First Class doesn’t have any energy to evaluation the order”.

Referring to a plethora of judgments on the problem, Justice Bahl asserted it was held in an analogous matter that there is no such thing as a provision below the Code of Felony Process empowering the Justice of the Peace to recall/ evaluation his personal order as soon as it was handed. The one exception was in instances the order was of interim nature.

It was additional noticed that the dismissal of a criticism, for default or as a consequence of need of prosecution, couldn’t be termed as an interim order. It was a last order and couldn’t be modified, modified or recalled by the Justice of the Peace.

Justice Bahl added the courtroom grew to become `functus officio’ and had no energy to evaluation or recall its order on any floor in any way as soon as the case had been lastly determined by a Justice of the Peace. “The order, vide which a case has been dismissed in default, whether or not on the bottom of the copy of the criticism having not been equipped or for need of prosecution, can be a last order. Thus, no software for reviewing or recalling of the stated order can be maintainable,” Justice Bahl asserted.

In his detailed order, Justice Bahl added even the provisions below Part 362 of the CrPC barred the Justice of the Peace from recalling/reviewing such an order. Elaborating, Justice Bahl asserted an order vide which a petition or a criticism has been dismissed in default couldn’t be said to be a case of clerical or arithmetical error. As such, the impugned order was unlawful and liable to be put aside. “Holding in view the above-said details and circumstances in addition to the settled precept of regulation, the current petition is allowed and the impugned order dated September 30, 2019, is put aside,” Justice Bahl asserted.





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