K.K.LAHOTI
Parmeshwardin Patel – Appellant
Versus
Snehlata – Respondent
1. The applicant has filed this application under section 482, CrPC for rehearing of the revision petition on the ground that on 18.11.2002, the case was listed before another Bench, but on the same day it was transferred to another Bench for hearing, this fact could not come to the notice of the applicant's counsel so the counsel could not appear before another Bench where the matter was relisted for hearing. The case was heard in the absence of the counsel for the applicant and the revision was dismissed.
2. The learned counsel for the applicant, himself was counsel in the aforesaid case. This fact is supported by an affidavit of Shri J.L. Soni, counsel, who has supported the contents of the application in which it is specifically mentioned that the fact of transfer of the case from one Bench to another Bench could not come to the notice of the counsel.
3. On notice of this application respondent appeared and contended that the rehearing of the case will amount to review of the previous order which is not permissible under the law. The order passed by this Court cannot be reviewed under section 482 CrPC. Both the counsel have relied on Apex Court judgment in Hari Singh Man v.
1. Hari Singh Man v. Harbhajan Singh Bajwa and others = [AIR 2001 SC 43]
2. B.S. Joshi and others v. State of Haryana and another = [(2003) 4 SCC 675]
3. Narayan Singh and others v. State of M.P. = [1989 MPLJ 298]
4. Gulam Ahmed v. Haji Maulana Mohammad Zahoor = [1997(2) JLJ 185]
5. Yesu and another v. State of M.P. = [2001(3) MPLJ 302]
6. State of Orissa v. Ram Chander Agarwala = [AIR 1979 SC 87
7. Talab Haji Hussain = [1958 SCR 1226, AIR 1958 SC 376
8. Lala Jairam Das v. King-Emperor = [(1944-45) 72 IA] [72 120, AIR 1945 PC 94
9. Sankatha Singh v. State of U.P. = [(1962) Supp. (2) SCR 817, AIR 1962 SC 1208
10. Remembrancer of Legal Affairs, W.B. v. Mohan Singh = [AIR 1975 SC 1002
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