Xxx vs The State of Kerala & Ors.

Court

Supreme Court of India

Date

22 November 2021

Case No.

Criminal Appeal No. 1444/2021

Result

Allowed

Bench

Vineet Saran, Aniruddha Bose

Citation

[2021] 7 S.C.R. 1115 : 2021 INSC 770

Headnote

Practice and Procedure – Recall of earlier order – By order dated 20.04.2021, FIR quashed by High Court by a detailed reasoned order – Thereafter, on 28.04.2021, High Court took up the matter suo moto and recalled the order dated 20.04.2021 – Propriety of – Held: Not proper – In view of s.362 CrPC, the Court does not have the power to alter the judgment and order once passed, except to correct the clerical or arithmetical error – There is no power, except u/s.362 CrPC, which only provides for correction of any clerical or arithmetical error – The same does not empower the court to recall the earlier order passed after contest and that too suo moto – Earlier order dated 20.04.2021 was wrongly recalled by the High Court – Order dated 28.04.2021 set aside – Code of Criminal Procedure, 1973 – s.362.

The following Order of the Court was passed : ORDER Leave granted. An FIR was lodged by the respondent, which was challenged by the appellant by way of a petition filed before the High Court under Section 482 Cr.P.C. By a judgment and order dated 20.04.2021, the High Court allowed the petition and quashed the FIR. Thereafter on 28.04.2021, the High Court took up the matter suo moto and recalled the order dated 20.04.2021. Challenging the same, this appeal by way of special leave petition has been filed. We have heard the learned counsel for the parties at length and perused the record. Le

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