Supreme Court Dismisses Review Petition in Criminal Appeal Due to Absence of Error Apparent on Record. Review jurisdiction exercised strictly as grounds failed to demonstrate any patent error in reasoned judgment allowing criminal appeal.

  • 3
Judgement Image
Font size:
Print

Case Note & Summary

The Supreme Court was presented with a review petition seeking reconsideration of its earlier judgment in a criminal appeal. The procedural background involved an application for oral hearing which was rejected by the court. The court then proceeded to consider the rival submissions and had previously allowed the appeal through a reasoned judgment. In the current review proceedings, the court examined the grounds raised in support of the review petition. The legal issue centered on whether the review petition demonstrated any error apparent on record that would justify judicial interference with the final judgment. The court analyzed the submissions and concluded that the grounds presented did not establish any such error apparent on record. The court's reasoning emphasized the limited scope of review jurisdiction and the requirement of demonstrating clear errors on the face of the record. The final decision dismissed the review petition, thereby maintaining the original judgment that had allowed the criminal appeal.

Headnote

A) Criminal Procedure - Review Jurisdiction - Error Apparent on Record - Code of Criminal Procedure, 1973 - Review petition sought reconsideration of criminal appeal judgment - Court examined grounds raised in review petition and found no error apparent on record - Held that review petition does not justify interference with reasoned judgment and was therefore dismissed (Paras 1-2).

Subscribe to unlock Headnote Subscribe Now

Issue of Consideration

Whether the review petition makes out any error apparent on record to justify interference with the reasoned judgment in the criminal appeal

Subscribe to unlock Issue of Consideration Subscribe Now

Final Decision

Review Petition dismissed

Law Points

  • Review jurisdiction
  • error apparent on record
  • finality of judgments
Subscribe to unlock Law Points Subscribe Now

Case Details

2022 Lawtext (SC) (3) 14

REVIEW PETITION (CIVIL)NO.338 OF 2022 IN CIVIL APPEAL NO. 7545 OF 2021  

2022-03-29

[Uday Umesh Lalit J. , S. Ravindra Bhat J.]

KARNATAKA INDUSTRIAL CORPORATION

SRI LANKAPPA AND ORS.

Subscribe to unlock Case Details (Citation, Judge, Date & more) Subscribe Now

Nature of Litigation

Review petition in criminal appeal

Remedy Sought

Review petitioner seeking interference with criminal appeal judgment

Filing Reason

To review the judgment allowing the criminal appeal

Previous Decisions

Criminal appeal was allowed by a reasoned judgment

Issues

Whether the review petition makes out any error apparent on record to justify interference with the reasoned judgment in the criminal appeal

Submissions/Arguments

Rival submissions were considered in the original appeal Grounds raised in support of the review petition were examined

Ratio Decidendi

Review jurisdiction should not be exercised unless there is an error apparent on record; the grounds raised in the review petition did not make out any such error to justify interference with the reasoned judgment allowing the criminal appeal

Judgment Excerpts

Application seeking oral hearing is rejected. After considering rival submissions, the appeal was allowed by a reasoned Judgment. We have gone through the grounds raised in support of the Review Petition, which in our view, do not make out any error apparent on record to justify interference. This Review Petition is, therefore, dismissed.

Procedural History

Application for oral hearing rejected → Criminal appeal allowed by reasoned judgment → Review petition filed → Review petition dismissed

Acts & Sections

  • Code of Criminal Procedure, 1973:
Subscribe to unlock full Legal Analysis Subscribe Now
Related Judgement
Supreme Court Supreme Court Dismisses Review Petition in Criminal Appeal Due to Absence of Error Apparent on Record. Review jurisdiction exercised strictly as grounds failed to demonstrate any patent error in reasoned judgment allowing criminal appeal.
Related Judgement
Supreme Court Supreme Court Declines to Direct Implementation of Community Kitchens Scheme in Food Security Petition. Court Upholds Existing Legal Framework Under National Food Security Act, 2013, Citing Limited Judicial Review in Policy Matters and Comprehensive ...