Application for recall of order for procedural review is maintainable u/s 362 of CrPC

Application for recall of order for procedural review is maintainable u/s 362 of CrPC

Ganesh Patel Vs Umakant Rajoria

Supreme Court

07/03/2022

S.L.P. (CRL.) NO. 9313 of 2021

About/from the judgment:

This application for recall of the order was maintainable as it was an application seeking a procedural review, and not a substantive review to which Section 362 of the Code of Criminal Procedure, 1973, would be attracted. [Grindlays Bank Ltd. v. Central Government Industrial Tribunal & Ors. 1980 (supp) SCC 420]. On the aspect of the difference between recall and review and when an order of recall can be passed reference can be made to Budhia Swain and Others v. Gopinath Deb and Others, (1999) 4 SCC 396.

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