... 1 ... IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application [APPP] No. 237 of 2011 in Criminal Application No. 1701 of 2010 (Pralhad S/o. Ambikaprasad Sharma V/s. Shahnawaz Kabeer S/o. Hifzul Kabeer, ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. G. L. Bajaj, Advocate for the applicant. Mr. A. M. Rizwy, Advocate for the respondent. CORAM : PRASANNA B. VARALE, J. 25 th April, 2011. None present for the applicant. The record shows that on earlier occasion also i.e. on 01/04/2011, though the application was called twice, none appeared in the application and matter was adjourned to 25/04/2011 i.e. today. By the present application, the applicant is seeking recall of the part of order passed on 21/02/2011 and grant of hearing to the applicant. The Criminal Application No. 1701/2010 is rejected on 21/02/2011. It will not be out of place to refer Section 362 of the Code of Criminal Procedure, which reads thus : “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” It will be useful to refer the decision of Full Bench of Calcutta High Court in case of Harjeet Singh Vs. State of ... 2 ... West Bengal, 2005 CRI.L.J. 3286 - Criminal P. C. (2 of 1974), S. 362 – Judgment – Review of recall – Provision of S. 362 act as a bar in recalling order passed by Court even if it is found subsequently that it offends principles of natural justice. It is observed that the Court cannot review or recall its final order, even in cases where the parties may come up before it feeling that they have not been heard or they have left out some thing, which if placed before the Court, may have resulted in a different decision and that the decision arrived in their absence was an impaired findings. Once the Court lifts its pen after signature it cannot put it once again; except of the situations like for the purpose of rectifying a clerical or arithmetical error. Thus in view S. 362 of the said Code there is a clear bar for any Court, which includes the High Court, to either review or recall an order or judgment passed even if it is found subsequently that it offends the principles of natural justice as this is the language of S. 362 of the Code. In view of these facts, the application is rejected. JUDGE Sandesh