Neutral Citation No. - 2025:AHC:41043 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 852 of 2025 Applicant :- Mohd Tayyab Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rizwan Ahamad Counsel for Opposite Party :- Amir Khan,G.A. Hon'ble Rajeev Misra,J. Heard Mr. Rizwan Ahamad, the learned counsel for applicant, the learned A.G.A. for State opposite party 1 and Mr. Amir Khan, the learned counsel representing first informant opposite party 2. Perused the record. Applicant Mohd Tayyab, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 B.N.S.S. with the following prayer:- "It is, therefore Most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 09.12.2024 passed by Additional Session Judge / Fast Track Court no. 03 Bulandshahar, In Session Trail No. 3180 of 2023 state vs Mohd Tayyab in case crime no. 374 of 2014 U/s 302, I.P.C. Police Station Sikandrabad, District Bulandshahar. It is further may graciously be pleased to stay the further proceeding of entire case and order dated 09.12.2024 passed by Additional Session Judge / Fast Track Court no. 03 Bulandshahar, In Session Trail No. 3180 of 2023 state vs Mohd Tayyab in Case Crime No. 374 of 2014 U/s 302, I.P.C. Police Station Sikandrabad, District Bulandshahar. Otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." Learned counsel for applicant submits that by means of order impugned dated 09.12.2024. Court below has reviewed the earlier order dated 25.10.2024. Referring to the provisions contained in Section 362 Cr. P. C., he submits that a Court of criminal jurisdiction has no power of review, therefore, the order impugned passed by Court below since amounts to a review of earlier order dated 25.10.2024 is liable to be set aside by this Court. Per contra, the learned A.G.A. representing State opposite party 1 and the learned counsel representing first informant opposite party 2 have vehemently opposed the present application. They submit that since by means of order impugned, the Court below has simply corrected a typographical error, which had inadvertently crept in the order dated 25.10.2024, therefore, order passed by Court below does not amount to review of the earlier order dated 25.10.2024. They have taken the Court to the order dated 25.10.2024 and with reference to the same they contend that in view of the direction made in order dated 25.10.2024 the application was liable to be allowed. On the above premise, they, therefore, submit that Court below has not committed any error nor order impugned suffers from the vice of illegality or perversity. As such, no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard, the learned counsel for applicants, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. and the learned counsel representing first informant/opposite party 2 in opposition to this application are clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicants with reference to the record. In view of above, no good ground exists to entertain the present application. As a result, the present application fails and is liable to be dismissed. It is, accordingly, dismissed. Order Date :- 20.3.2025 HSM Digitally signed by :- HARI SHANKER MISHRA High Court of Judicature at Allahabad