Supreme Court of India · 1978-10-05
STATE OF ORISSA vs RAM CHANDER AGARWALA ETC.
- Citation / case number
- SC 1974/60496
- Court
- Supreme Court of India
- Petitioner
- STATE OF ORISSA
- Respondent
- RAM CHANDER AGARWALA ETC.
- Author
- P.S. KAILASAM
- Bench
- P.S. KAILASAM
Judgment text excerpt
The Supreme Court held that the High Court's review of its own judgment was not permissible under Section 369 of the Criminal Procedure Code, which restricts alteration or review of judgments once signed, except as provided by law. The Court clarified that Section 362 of the Criminal Procedure Code, 1974, similarly prohibits alteration or review of judgments except for clerical errors. The appeal was allowed, and the High Court's enhancement of the sentence was set aside, reaffirming the limitations on judicial review by the High Court.