Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
Recall Application (MCRC No. 7 of 2025) In CRLR No. 118 of 2024 Hon ’ble Ash ish Nait h an i, J.
Mr. Mohit Bauriyal, learned counsel holding brief of Mr. Aditya Singh, learned counsel for the Revisionist.
2. Mr. S.S. Chauhan, learned Deputy Advocate General for the State of Uttarakhand.
3. Mr. Sanjay Kumar, learned counsel for the private Respondent.
4. A Recall Application (MCRC No. 7 of 2025) has been moved seeking recall of the order dated 06.10.2025 passed by this Court in the present matter i.e. CRLR No. 118 of 2024.
5. It is well settled that recall applications in criminal cases are not maintainable in view of the express bar contained in Section 362 of the Code of Criminal Procedure, 1973, which reads as under:
“Section 362- Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”
6. Once a judgment or final order has been signed, the Court becomes functus officio and cannot alter, modify, or review the same, except for correction of clerical or arithmetical errors.
7. In view of the above statutory bar, the present Recall Application is not maintainable and is accordingly dismissed.
( Ash ish Nait h an i, J.) 1 2 .1 1 .2 0 2 5 Shiksha