Supreme Court Dismisses Review Petition for Lack of Apparent Error. Delay in Filing Condoned but No Grounds for Review Established.

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Case Note & Summary

The Supreme Court of India addressed a review petition filed by Smt. Kiran Devi against the order dated 9.7.2021 in Special Leave Petition (Crl.) No. 4083 of 2020. The review petition was filed with a delay of 17 days, which the court condoned. Upon examining the contents of the review petition, the court concluded that there was no error apparent on the record that warranted interference with the earlier decision. Consequently, the review petition was dismissed. The judgment was delivered by a bench comprising Justices Uday Umesh Lalit, Ajay Rastogi, and Aniruddha Bose on November 16, 2021.

Headnote

A) Criminal Procedure - Review Jurisdiction - Error Apparent on Record - Supreme Court of India, 2021 - The court found no error apparent on the record in the previous order, thus dismissing the review petition. The delay in filing the review petition was condoned, but the substantive request for review was denied as no justifiable grounds were presented (Paras Not mentioned).

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Issue of Consideration

Whether there was an error apparent on the record justifying interference in the previous order.

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Final Decision

The Supreme Court dismissed the review petition, finding no error apparent on the record to justify interference with the previous order.

Law Points

  • Review jurisdiction
  • error apparent on record
  • condonation of delay
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Case Details

2021 LawText (SC) (11) 192

Review Petition (Crl.) No. of 2021 (Diary No.19780 of 2021)

2021-11-16

Uday Umesh Lalit, Ajay Rastogi, Aniruddha Bose

Smt. Kiran Devi

Ravindra Kumar Yadav

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Nature of Litigation

Review petition against a previous order of the Supreme Court.

Remedy Sought

Petitioner sought review of the earlier order.

Filing Reason

Delay in filing the review petition.

Previous Decisions

Order dated 9.7.2021 was previously passed.

Issues

Existence of error apparent on record Justification for review

Submissions/Arguments

Petitioner argued for review based on perceived errors Respondent's position not detailed

Ratio Decidendi

The court emphasized that review jurisdiction is limited to errors apparent on the record, and the absence of such errors led to the dismissal of the review petition.

Judgment Excerpts

Delay of 17 days in preferring the Review Petition is condoned. We have gone through the contents in the Review Petition and do not find any error apparent on record to justify interference.

Procedural History

The review petition was filed after the order dated 9.7.2021, with a delay of 17 days which was condoned.

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