CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1444/2021
(Arising out of Special Leave Petition (Crl.) No(s). 5362/2021)
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.
Learned counsel for the parties do not dispute the fact that
in view of Section 362 Cr.P.C. the Court does not have the power to
SignaturealterNot Verified the judgment and order once passed, except to correct the SUNIL KUMAR
and order dated 20.04.2021 FIR had been quashed by the High Court
by a detailed reasoned order, which has been recalled by the
impugned order dated 28.04.2021. There is no power, except under
Section 362 Cr.P.C., 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.
In view of the aforesaid, we are of the opinion that the
impugned order dated 28.04.2021 could not have been passed and the
earlier order dated 20.04.2021 has wrongly been recalled by the
High Court. Accordingly, the appeal is allowed. The judgment and
order dated 28.04.2021 is set aside.
ITEM NO.37 Court 9 (Video Conferencing) SECTION II-B
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5362/2021
(Arising out of impugned final judgment and order dated 28-04-2021 in CRLMC No. 5866/2020 passed by the High Court Of Kerala At Ernakulam)
XXX Petitioner(s)
(FOR ADMISSION and I.R. and IA No.87162/2021-EXEMPTION FROM FILING O.T. and IA No.87164/2021-EXEMPTION FROM FILING AFFIDAVIT and IA No.87168/2021-APPLICATION FOR FILING THE PETITION WITHOUT DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT )
Date : 22-11-2021 This petition was called on for hearing today.
For Petitioner(s) Mr. Rajit, Adv.
Mr. Vaibhav Niti, AOR
Mr. Abraham Mathan, Adv.
Mr. Justine George, Adv.
Ms. Madhavi Agrawal, Adv.
Mr. Divyanshu Agrawal, Adv.
For Respondent(s) Mr. G. Prakash, AOR
Ms. Priyanka Prakash, Adv.
Ms. Beena Prakash, Adv.
Mr. Anand Kalyanakrishnan, Adv.
Mr. Vedant Singh, AOR
Mr. Vishisht Singh, Adv.
UPON hearing the counsel the Court made the following
The appeal is allowed in terms of the signed reportable order.
Pending application(s), if any, stands disposed of
accordingly.
(ARJUN BISHT) (PRADEEP KUMAR) (ASHWANI THAKUR) (COURT MASTER (SH) (BRANCH OFFICER) AR-CUM-PS
(Reportable signed order is placed on the file)