Supreme Court Dismisses Review Petition in Criminal Case: No Error Found
The Supreme Court of India, in its judgment dated 30 November 2021, dismissed the review petition filed by the petitioner, B.G. Uday, against the respondent, H.G. Prashanth, in Review Petition (Criminal) No. 410 of 2021. The case was originally brought before the Court as Special Leave Petition (Criminal) No. 1482 of 2021, which had been dismissed earlier on the ground that no case for interference was made out.
The review petition challenged an earlier order by the Trial Court, which had taken cognizance of a criminal offence against the petitioner. This order had been upheld by the High Court and subsequently challenged before the Supreme Court. However, after reviewing the case, the Supreme Court found no error apparent on record to justify interference.
Background of the Case
The case originated from an order passed by the Trial Court on 22 October 2020, wherein cognizance of an offence was taken against B.G. Uday. The petitioner challenged this order before the High Court, but the High Court rejected the challenge. Aggrieved by this decision, the petitioner approached the Supreme Court by filing a Special Leave Petition (SLP).
Upon hearing the matter, the Supreme Court dismissed the Special Leave Petition, finding no grounds to interfere with the High Court’s order. Following this, the petitioner filed a review petition, seeking reconsideration of the dismissal order.
Arguments by the Petitioner
The petitioner, B.G. Uday, argued that:
- The Trial Court’s order taking cognizance was legally flawed and should not have been upheld by the High Court.
- The Supreme Court, in dismissing the Special Leave Petition, did not fully consider certain legal and factual aspects of the case.
- There was an error apparent on the record that warranted a review of the decision.
Arguments by the Respondent
The respondent, H.G. Prashanth, opposed the review petition, contending that:
- The petitioner was merely attempting to reargue the case without presenting any substantial grounds for review.
- The Supreme Court had already examined the matter in the SLP stage and found no merit in the petitioner’s claims.
- A review petition is not an opportunity for a second appeal but is limited to correcting errors apparent on the record, which were absent in this case.
Supreme Court’s Observations
The Supreme Court bench, comprising Uday Umesh Lalit, S. Ravindra Bhat, and Bela M. Trivedi, examined the review petition and found no error apparent on the record that warranted reconsideration. The Court emphasized that a review petition is not an avenue to relitigate the case but is limited to correcting manifest errors.
The Court held:
“We have gone through the Review Petition and do not find any error apparent on record to justify interference.”
Final Verdict
Based on its observations, the Supreme Court dismissed the review petition, thereby affirming its earlier decision to dismiss the Special Leave Petition.
Implications of the Judgment
The Supreme Court’s ruling reinforces several key legal principles:
- Limited Scope of Review Petitions: A review petition is not a rehearing of the case but is meant to address errors apparent on record.
- Finality of Judicial Decisions: Once the Supreme Court has dismissed an SLP, a review petition cannot be used as a means to seek a fresh hearing unless there is a clear legal error.
- Judicial Consistency: The ruling underscores the importance of consistency in judicial decisions and prevents misuse of review petitions.
By dismissing the review petition, the Supreme Court has upheld the legal principle that judicial review is not an opportunity for re-argument but is limited to rectifying manifest errors.
Petitioner Name: B.G. Uday.Respondent Name: H.G. Prashanth.Judgment By: Justice Uday Umesh Lalit, Justice S. Ravindra Bhat, Justice Bela M. Trivedi.Place Of Incident: Not specified.Judgment Date: 30-11-2021.
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