Case Note & Summary
The dispute originated from an FIR lodged by the respondent, which the appellant challenged before the High Court under Section 482 of the Code of Criminal Procedure, 1973. The High Court, by a judgment and order dated 20.04.2021, allowed the petition and quashed the FIR through a detailed reasoned order. Subsequently, on 28.04.2021, the High Court took up the matter suo motu and recalled its earlier order. The appellant challenged this recall through a special leave petition before the Supreme Court. The core legal issue was whether the High Court possessed the power to suo motu recall its own judgment and order after it had been passed. Both parties' counsel agreed that under Section 362 of the Code of Criminal Procedure, 1973, a court lacks the authority to alter a judgment once passed, except for correcting clerical or arithmetical errors. The Supreme Court analyzed the provisions and held that the High Court exceeded its jurisdiction. The court reasoned that Section 362 does not empower a court to recall an earlier order passed after contest, especially through suo motu action. Consequently, the Supreme Court found the impugned order dated 28.04.2021 to be without legal basis and set it aside, thereby allowing the appeal and restoring the earlier order quashing the FIR.
Headnote
A) Criminal Procedure - Finality of Judgments - Section 362 CrPC - Power to Alter or Recall - High Court quashed FIR by detailed reasoned order dated 20.04.2021 - Subsequently recalled same order suo motu on 28.04.2021 - Supreme Court held that under Section 362 CrPC, court has no power to alter judgment once passed except for clerical/arithmetical errors - Suo motu recall of contested order is impermissible - Impugned order dated 28.04.2021 set aside (Paras 1-2) B) Criminal Procedure - Jurisdiction - High Court's Inherent Powers - Limits on Recall - High Court exercised suo motu power to recall its own quashing order - Supreme Court found this exceeded jurisdictional limits - No statutory provision allows recall of final reasoned order after contest - Earlier order dated 20.04.2021 should not have been recalled (Paras 1-2)
Issue of Consideration
Whether the High Court had the power to suo motu recall its earlier judgment and order quashing an FIR after it had been passed
Final Decision
Appeal allowed. The impugned order dated 28.04.2021 is set aside. The earlier order dated 20.04.2021 quashing the FIR stands restored.
Law Points
- Section 362 of Code of Criminal Procedure
- 1973 prohibits alteration of judgments except for clerical or arithmetical errors
- High Court lacks power to recall its own reasoned order after contest
- suo motu recall of final order is impermissible
