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2025 Supreme(Online)(P&H) 4853

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL, J
SUNITA RANI AND ANOTHER – Appellant
Versus
STATE OF PUNJAB AND OTHERS – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Karandeep Singh Sidhu
For the Respondents: Mr. Sandeep Singh, AAG, Punjab

CRM-W-1437-2025 Present application has been filed under Section 528 of the BNSS seeking the kind indulgence for recalling the order dated

25.06.2025.

The Hon'ble Supreme Court in case titled as “Hari Singh Mann Vs. Harbhajan Singh Bajwa, reported as 2001 (1) SCC 169 has held as under: -

“8. We have noted with disgust that the impugned orders were passed completely ignoring the basic principles of criminal law. No review of an order is contemplated under the Code of Criminal Procedure . After the disposal of the main petition on 7.1.1999, there was no lis pending in the High Court wherein the respondent could have filed any miscellaneous petition. The filing of a miscellaneous petition not referable to any provision of Code of Criminal Procedure or the rules of the Court, cannot be resorted to as a substitute of fresh litigation.

xxx xxx The impugned orders dated 30th April, 1999 and 21st July, 1999 could not have been passed by the High Court under its inherent power under Section 482 of the Code of Criminal Procedure . The practice of filing miscellaneous petitions after the disposal of the main case and issuance of fresh directions in such miscellaneous petitions by the High Co

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