IN THE HIGH COURTOF JUDICATURE AT BOMBAY IN THE HIGH COURTOF JUDICATURE AT BOMBAY IN THE HIGH COURTOF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4054 OF 2003 CRIMINAL APPLICATION NO.4054 OF 2003 CRIMINAL APPLICATION NO.4054 OF 2003 (FOR MODIFICATION) (FOR MODIFICATION) (FOR MODIFICATION) IN IN IN CRIMINAL APPEAL NO.2624 OF 2003 CRIMINAL APPEAL NO.2624 OF 2003 CRIMINAL APPEAL NO.2624 OF 2003 The State of Maharashtra ..Applicant Vs. Mustafa Hussain Jaffer Sayyer ..Respondent ----- Mr.A.M.Shringarpure, A.P.P. for Applicant State Mr.Amin Solkar for the Respondent CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. CORAM: V.M. KANADE,J. DATED: 16TH DECEMBER, 2004 DATED: 16TH DECEMBER, 2004 DATED: 16TH DECEMBER, 2004 P.C. P.C. P.C. 1. Heard learned Counsel appearing on behalf of the applicant and the learned Counsel for the respondent. This application has been filed seeking modification of the order passed by this Court dated 28th July, 2003. By the said order this Court had permitted the respondent to examine the witness Ms. Nilophar as a defence witness. In this application it is submitted that the said order to be modified on various grounds. I am unable to accept the submission made by the learned Counsel appearing on behalf of the applicant, Section 362 of the Code of Criminal Procedure specifically lays down that once a final order is passed it shall not be reviewed or modified by the same Court except in case of a clerical or arithmetical error. Section 362 reads as under :- . " 362. Court not to alter judgment- Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error." 2. In view of the above provisions it is not possible to modify or review the earlier order. Hence, the application for modification is rejected. JUDGE JUDGE JUDGE