RAJASTHAN HIGH COURT AT JAIPUR BENCH
N.L.Tibrewal, J.
Mohini Devi - Appellant
Versus
State of Rajasthan and Ors. - Respondent
S.B. Criminal Misc. Petition No. 939 of 1994.
Decided On : 25-03-1996
Section 482 Criminal Procedure Code - Petition for land handover and payment - Court dismissed the petition as it was misconceived and relief sought cannot be given after the criminal case was finally decided - Order passed in revision is final and cannot be altered or modified - Petition filed after six years from the date of decision in the revision petition - Petition has no merit and deserves to be dismissed.
Fact of the Case:
Petition filed under section 482 Criminal Procedure Code for land handover and payment, based on a previous revision petition decision.
Finding of the Court:
The court found the petition to be misconceived and the relief sought cannot be given as the criminal case stood finally decided, and the order passed in revision is final and cannot be altered or modified. The petition was also filed after six years from the date of the decision in the revision petition.
Issues: Misrepresentation of compromise, relief sought after final decision, time limitation for filing petition.
Ratio Decidendi: Relief cannot be given after final decision, order passed in revision is final, and time limitation for filing petition.
Final Decision: The petition was dismissed as it was misconceived and relief sought cannot be given after the criminal case was finally decided. The order passed in revision is final and cannot be altered or modified. The petition was also filed after six years from the date of the decision in the revision petition.
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