Case Note & Summary
The case involved an appeal against a High Court order that recalled its previous judgment quashing an FIR. The appellant challenged the recall of the order dated 20.04.2021, which had quashed the FIR based on a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.). The High Court initially allowed the petition but later, on 28.04.2021, took up the matter suo moto and recalled its earlier order. The core legal issue was whether the High Court had the power to recall its order under Section 362 of the Cr.P.C., which only permits correction of clerical or arithmetical errors. The Supreme Court, upon reviewing the arguments and the legal provisions, concluded that the High Court's action was beyond its authority as it could not alter a judgment once passed, except for clerical corrections. Consequently, the Supreme Court allowed the appeal, set aside the impugned order, and reinstated the earlier order quashing the FIR.
Headnote
A) Criminal Procedure - Recall of Orders - High Court's Power - Code of Criminal Procedure, 1973, Section 362 - The High Court lacked the authority to recall its earlier order quashing the FIR as per Section 362, which only allows for correction of clerical or arithmetical errors. The court held that the recall of the order was not permissible, leading to the appeal being allowed and the impugned order set aside (Paras 1-2).
Issue of Consideration
Whether the High Court had the power to recall its order quashing the FIR.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's order dated 28.04.2021, and reinstated the order dated 20.04.2021 quashing the FIR.
Law Points
- Section 362 Cr.P.C.
- recall of orders
- power of High Court
- quashing of FIR
