Mohammed Zakir vs Shabana & Ors.

Court

Supreme Court of India

Date

23 July 2018

Case No.

Criminal Appeal No. 926 of 2018

Result

Disposed

Bench

Kurian Joseph, Sanjay Kishan Kaul

Citation

[2018] 7 S.C.R. 1128 : 2018 INSC 637

Headnote

Code of Criminal Procedure, 1973 – s.362 – Recalling of the order – High Court recalled its own order, rendering it patently erroneous – Propriety of – Held: Not proper – The whole purpose of s.362 is only to correct a clerical or arithmetical error – However, High Court sought to re-hear the matter on merits – That is impermissible under law.

Disposing of the appeal, the Court

HELD: The High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits. However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C. The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. What the High Court sought to do in the impugned order is not to correct a clerical or arithmetical error; it sought to re-hear the matter on merits, since, according to the Judge, the earlier order was patently erroneous. That is impermissible under law. [Para 4] [1129-D-E]

The Judgment of the Court was delivered by KURIAN, J. 1. Leave granted. 2. We have heard the petitioner, who is appearing in person, Mr. Joseph Aristotle S., learned counsel appearing for Respondent Nos.1 to 4 and Mr. Gopal Sankaranarayanan, learned counsel, who was appointed as an amicus in this matter. 3. The appellant is aggrieved since the High Court passed an order under Section 362 Cr.P.C. dated 28.04.2017 recalling its own order dated 18.04.2017. The order dated 28.04.2017 reads as under:“Notwithstanding section 362 of Cr.P.C. the order rendered by this Court earlier on 18.04.2017 is

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