Case Note & Summary
The case involved an interim application seeking the recall of an ex-parte order dated 18th September 2025, which quashed the issue process order against Respondent No.1 in a criminal complaint filed by the Applicant. The Applicant, a private limited company, alleged that Respondent No.1, as the Managing Director of Usher Agro Limited, induced them to make an inter-corporate deposit based on false representations. The Metropolitan Magistrate had previously issued process against the Respondents, which was challenged in the High Court. The court noted that the Applicant had been absent during multiple hearings and had not effectively represented their case, leading to the quashing of the process order. The Applicant argued that the recall was necessary due to a lack of representation caused by a change in advocates and procedural irregularities. However, the Respondent contended that the recall application was filed after an inordinate delay and that the High Court could not exercise its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, due to the express bar under Section 362. The court analyzed the merits of the case and the absence of the Applicant during hearings, ultimately concluding that there was no justification for recalling the order. The application was dismissed, affirming the original order's validity.
Headnote
A) Criminal Procedure - Recall of Order - Grounds for Recall - Code of Criminal Procedure, 1973, Section 362 - The court dismissed the application for recall of an ex-parte order, finding no sufficient grounds for procedural irregularity or denial of natural justice. The applicant's absence during hearings and the merits of the case were duly considered before the order was passed. Held that the recall application lacked merit (Paras 8-10).
Issue of Consideration
Whether the ex-parte order passed by the court should be recalled due to alleged procedural irregularities and denial of fair hearing.
Final Decision
The court dismissed the interim application, affirming the validity of the ex-parte order and finding no grounds for recall.
Law Points
- Recall of order
- ex-parte proceedings
- natural justice
- inherent powers of High Court
- procedural irregularity
