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.

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

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