Case Note & Summary
The present review petition was filed by Anil Kumar Ojha seeking review of an order dated 12.12.2025 passed by the Madras High Court in W.P.No.44291/2025. The original writ petition had been dismissed by a reasoned order. The petitioner was facing prosecution under the Prevention of Money Laundering Act, 2002 (PMLA) initiated by the Enforcement Directorate, and the proceedings were pending before the competent court. The writ petition was found to be misconceived and untenable. In the review petition, the petitioner argued that the order suffered from errors apparent on the record. The court, however, observed that the petitioner had not established any error apparent warranting interference in exercise of the power of review. The court noted that the prosecution had been launched under the PMLA and the proceedings were pending before the competent court. The court held that the question of reviewing the order on merits would not arise at all. Consequently, the review petition was dismissed with no order as to costs.
Headnote
A) Review Jurisdiction - Scope of Review - Error Apparent - The review petition sought review of an order dismissing a writ petition challenging prosecution under the Prevention of Money Laundering Act, 2002 - The court held that the petitioner failed to establish any error apparent on the face of the record, and the question of reviewing the order on merits did not arise - Held that review is not an appeal in disguise and cannot be used to re-argue the case (Paras 2-4).
Issue of Consideration
Whether the review petition discloses any error apparent on the face of the record warranting review of the order dated 12.12.2025 in W.P.No.44291/2025
Final Decision
Review petition dismissed. No costs.
Law Points
- Review jurisdiction is limited to errors apparent on the face of the record
- not re-argument of merits
