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february 2011

Supreme Court of India · 2011-02-22

VISHNU AGARWAL vs STATE OF U.P.

Citation / case number
SC 2004/6800
Court
Supreme Court of India
Petitioner
VISHNU AGARWAL
Respondent
STATE OF U.P.
Author
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court upheld the Allahabad High Court's decision to recall its order dated 2.9.2003, emphasizing that Section 362 of the Code of Criminal Procedure does not rigidly bar the recall of orders to ensure justice. The Court clarified that the application for recall was distinct from a review, and the High Court's action was justified to correct a human error in counsel's appearance. The ruling reinforced the principle that courts should not strictly adhere to procedural technicalities when it may lead to injustice.

VISHNU AGARWAL vs STATE OF U.P. · Niyam