Whether Criminal court can recall order passed by it under S 362 Cr.P.C?

 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.

REPORTABLE

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.

......................J.

[VINEET SARAN]

......................J.

[ANIRUDDHA BOSE]

NEW DELHI;

NOVEMBER 22, 2021

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