MyNation KnowledgeBase

Landmark Judgments and Articles on Law

Register to Download

Whether Criminal court can recall order passed by it u/s.362 Cr.P.C?

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1444/2021

XXX

Vs

THE STATE OF KERALA

Dated: NOVEMBER 22, 2021
Leave granted.

An FIR was lodged by the respondent, which was challenged by the appellant by way of a petition filed before the High Court under Section 482 Cr.P.C. By a judgment and order dated 20.04.2021, the High Court allowed the petition and quashed the FIR. Thereafter on 28.04.2021, the High Court took up the matter suo moto and recalled the order dated 20.04.2021. Challenging the same, this appeal by way of special leave petition has been filed. We have heard the learned counsel for the parties at length and perused the record.

Learned counsel for the parties do not dispute the fact that in view of Section 362 Cr.P.C. the Court does not have the power to alter the judgment and order once passed, except to correct the clerical or arithmetical error. In the present case, by a judgment and order dated 20.04.2021 FIR had been quashed by the High Court by a detailed reasoned order, which has been recalled by the impugned order dated 28.04.2021. There is no power, except under Section 362 Cr.P.C., which only provides for correction of any clerical or arithmetical error. The same does not empower the court to recall the earlier order passed after contest and that too suo moto.

In view of the aforesaid, we are of the opinion that the impugned order dated 28.04.2021 could not have been passed and the earlier order dated 20.04.2021 has wrongly been recalled by the High Court. Accordingly, the appeal is allowed. The judgment and order dated 28.04.2021 is set aside.

See also  Whether husband can be prosecuted under S 304B and S 498A of IPC even if he is not legally married with prosecutrix?

[VINEET SARAN]
[ANIRUDDHA BOSE]
NEW DELHI;
NOVEMBER 22, 2021

Leave a Reply

Your email address will not be published.


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link
MyNation Times Magzine


All Law documents and Judgment copies
Laws and Bare Acts of India
Important SC/HC Judgements on 498A IPC
Rules and Regulations of India.

STUDY REPORTS

CopyRight @ MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Section 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

See also  Whether two plaintiffs can engage two different Advocates?
MyNation FoundationMyNation FoundationMyNation Foundation