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Indra Deo Tiwari vs State of U.P. & Ors.

Not available · 2022 INSC 511Decided 4 May 2022
Not available
Uday Umesh Lalit · S. Ravindra Bhat

Background

A complainant, Indra Deo Tiwari, had challenged an acquittal recorded by the Trial Court in the case. The High Court, after considering the material on record, affirmed the acquittal. Tiwari's Special Leave Petition against the High Court's decision was subsequently dismissed by the Supreme Court after hearing both sides. He then filed a Review Petition seeking reconsideration of that dismissal, along with an application for oral hearing.

Decision Breakdown

The Supreme Court first rejected the application for oral hearing in the review petition. On examining the grounds raised in the Review Petition itself, the Court found no "error apparent on the face of the record" (the well-established, narrow standard required to succeed in a review) that would justify interfering with its earlier order dismissing the Special Leave Petition. Consequently, the Review Petition was dismissed.

Lesson Learnt

A review petition before the Supreme Court is not a second appeal and succeeds only if there is an error apparent on the face of the record; merely being dissatisfied with the outcome, or reiterating the same arguments already considered, is not sufficient ground for review.

Official source (sci.gov.in)View Judgment (PDF)

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