Full Judgment Text
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 1444/2021
(Arising out of Special Leave Petition (Crl.) No(s). 5362/2021)
XXX APPELLANT(s)
VERSUS
THE STATE OF KERALA & ORS. RESPONDENT(s)
O R D E R
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.
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
alter the judgment and order once passed, except to correct the
Signature Not Verified
Digitally signed by
SUNIL KUMAR
Date: 2021.11.26
15:00:48 IST
Reason:
clerical or arithmetical error. In the present case, by a judgment
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
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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.
......................J.
[VINEET SARAN]
......................J.
[ANIRUDDHA BOSE]
NEW DELHI;
NOVEMBER 22, 2021
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ITEM NO.37 Court 9 (Video Conferencing) SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
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)
VERSUS
THE STATE OF KERALA & ORS. Respondent(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.
CORAM : HON'BLE MR. JUSTICE VINEET SARAN
HON'BLE MR. JUSTICE ANIRUDDHA BOSE
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
O R D E R
Leave granted.
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)