Daljit Singh Gujral & Ors. Vs. Jagjit Singh Arora & Ors.
Review – Error apparent on the face of the record
Criminal Appeal Nos. 506-508 of 2014 [Arising out of SLP (Crl) Nos.2421-2423 of 2013]-Decided on 27-2-2014.
We do not agree that the learned Single Judge was merely correcting an accidental omission or typographical error. By correcting the judgment, the very foundation and the issue formulated, broken down and fell on the ground and the issue framed by the learned Single Judge, lost its sanctity. The learned Single Judge cannot correct an issue which has been framed and answered. As already indicated, the first issue framed is with regard to the “wrong treatment and consequential death of a patient” and it was that issue which was answered, then we fail to see how the application preferred by the Respondents for review can be treated as an application for correcting accidental omission or typographical error, that too without notice to the appellants herein. …. Consequently, the judgment dated 16.11.2012 as well as the subsequent order 11.2.2013 passed in the review petition, would stand set aside. The High Court is directed to rehear Crl. Misc. Petition No.M-25733 of 2011 afresh...read more
