Case Note & Summary
The Supreme Court heard appeals against a common judgment of the Madras High Court dated 04.05.2018. The High Court had earlier, on 01.03.2018, allowed three Criminal Original Petitions filed under Section 482 Cr.P.C. by the appellants seeking quashing of criminal proceedings (CC No.1725/2013, CC No.4228/2015, CC No.6766/2014) based on a compromise. Subsequently, respondent No.2 filed recall applications, which the High Court allowed, recalling the orders and simultaneously dismissing the original petitions without assigning reasons. The Supreme Court held that the recall was proper, but the dismissal of the petitions after recall was illegal. The effect of recall is to restore the petitions for hearing on merits. The Court set aside the dismissal part, restored the petitions to their original numbers, and directed the High Court to decide them on merits in accordance with law, uninfluenced by any observations.
Headnote
A) Criminal Procedure - Recall of Orders - Restoration of Petitions - Section 482 Cr.P.C. - Effect of recalling an order is to restore the original petition to its original number for disposal on merits - High Court erred in dismissing the petitions after recall without assigning reasons - Held that the petitions must be heard afresh on merits (Paras 10-13).
Issue of Consideration
Whether the High Court, after recalling its earlier order allowing quashing of criminal proceedings, could simultaneously dismiss the original petitions without hearing on merits.
Final Decision
Appeals allowed in part. Impugned order set aside to the extent it dismissed Criminal Original Petition Nos. 6231, 6322 and 6232 of 2018. These cases restored to original numbers. High Court directed to decide them on merits in accordance with law, uninfluenced by any observations.
Law Points
- Recall of order restores original petition for merits hearing
- Dismissal without reasons after recall is illegal
Case Details
Criminal Appeal No.583 of 2019 (Arising out of S.L.P.(Crl.) No.5167 of 2018) with Criminal Appeal No.585 of 2019 and Criminal Appeal No.584 of 2019
Abhay Manohar Sapre, Dinesh Maheshwari
State Rep. by Inspector of Police & Ors.
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Nature of Litigation
Criminal appeals against High Court order recalling earlier quashing orders and dismissing petitions under Section 482 Cr.P.C.
Remedy Sought
Appellants sought setting aside of High Court order dismissing their criminal original petitions after recall.
Filing Reason
High Court dismissed petitions without hearing on merits after recalling earlier orders that had allowed quashing based on compromise.
Previous Decisions
High Court on 01.03.2018 allowed three Criminal Original Petitions under Section 482 Cr.P.C. quashing criminal proceedings based on compromise. On recall applications by respondent No.2, High Court recalled those orders and dismissed the petitions on 04.05.2018.
Issues
Whether the High Court could dismiss the original petitions after recalling its earlier orders without hearing on merits.
Submissions/Arguments
Appellants argued that after recall, the petitions should be restored for merits hearing, not dismissed.
Respondent No.2 supported the recall and dismissal.
Ratio Decidendi
The effect of recalling an order is to restore the original petition to its original number for disposal on merits; the High Court cannot simultaneously dismiss the petition without assigning reasons.
Judgment Excerpts
In our considered opinion, though the High Court was right in recalling its earlier orders dated 01.03.2018 passed in three criminal original petitions but committed an error by simultaneously dismissing three Criminal Original Petition Nos. 6231, 6322 and 6232 of 2018 and that too without assigning any reason.
The effect of recalling the order dated 01.03.2018 was that the three criminal original petitions stood restored to their respective numbers for their disposal on merits in accordance with law as if the order dated 01.03.2018 had not been passed in those cases and that they remained pending for their disposal on merits.
Procedural History
Appellants filed Criminal Original Petitions under Section 482 Cr.P.C. in Madras High Court seeking quashing of criminal proceedings. High Court allowed them on 01.03.2018 based on compromise. Respondent No.2 filed recall applications. High Court recalled the orders and dismissed the petitions on 04.05.2018. Appellants appealed to Supreme Court by special leave.
Acts & Sections
- Code of Criminal Procedure, 1973 (Cr.P.C.): 482
