Bombay High Court

MARKAS YOHAN THORATversusSTATE OF MAHARASHTRA AND ORS.

Decided: 7 September 2026
Disposal: Dismissed

Holding

The review petition is dismissed as it is barred by Section 362 CrPC and no fraud is found.

Summary

The petitioners, Markas Yohan Thorat & Anr., filed a review petition challenging a judgment dated 24 June 2026, alleging that the police had made inconsistent statements and committed fraud on the court. The petitioners argued that this fraud warranted a review of the earlier decision. The Court examined the allegations and found no substance to support a claim of fraud. It further held that the review petition was barred under Section 362 of the Criminal Procedure Code, as review is limited to correcting clerical or arithmetical errors only. Consequently, the Court dismissed the review petition in limine.

Issues considered

Whether the alleged police fraud constitutes a ground for granting a review of the judgment.
Whether the review petition is barred under Section 362 of the Criminal Procedure Code as it seeks relief beyond correction of clerical or arithmetical errors.

Legislation cited

Code of Criminal Procedure, 1973 — s. 362

Subjects

review petition
fraud
Section 362 CrPC
clerical error
criminal appellate jurisdiction
dismissal

Judgment

                           sbw                                                  7-revw-12-2026.doc

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                            CRIMINAL APPELLATE JURISDICTION

                                             REVIEW PETITION NO.12 OF 2026

                                                              IN

                                             WRIT PETITION NO.5811 OF 2021

                      Markas Yohan Thorat & Anr.                           … Review Petitioners
                                                                             (Orig. Petitioners)

                               V/s.

                      The State of Maharashtra & Ors.                      … Respondents



                      Mr. I.S. Thakur i/by Global Juris Consults for the Petitioner.
                      Smt. Madhavi H. Mhatre, APP for the Respondent-State.


                                                        CORAM :   A. S. GADKARI AND
                                                                  KAMAL KHATA, JJ.
                                                           DATE : 7th September, 2026

                      P.C.:-

                      1)              By the present Review Petition, the Petitioners seeks review of

                      our Judgment dated 24th June, 2026.

                      2)              According to the learned Advocate for Petitioners, the Police

                      Authorities have, by making different statements in different documents,

                      played a fraud upon this Court.

                      3)              Upon perusal of the Review Petition, we find no substance in

                      the Petitioners argument.


SANDHYA
BHAGU
WADHWA                                                                                               1/2
Digitally signed by
SANDHYA BHAGU
WADHWA
Date: 2026.09.16
15:22:51 +0530
     sbw                                                 7-revw-12-2026.doc

4)            According to us, no fraud is played upon this Court.

5)            Besides, according to us, the Petition is barred by Section 362

of Cr.P.C., as the present Petition seeks reliefs beyond correction of clerical

or arithmetical error, being the only exceptions permitted for a Review.

6)            In our view, the Review Petition is thoroughly misconceived

and is accordingly dismissed in limine.



           (KAMAL KHATA, J.)                  (A.S. GADKARI, J.)




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