Inherent power cannot be used to recall or review a final order except for clerical errors.

The petitioner filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) / Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking the recall of a final order dated 15.01.2026 passed in M.Cr.C. No. 47775/2024.

In the earlier proceeding, the High Court had quashed FIR Crime No. 373/2024 and discharged respondent No. 2.

The petitioner contended that the order was passed without considering material aspects and that the Court should exercise its inherent powers to secure the ends of justice.

The matter was listed specifically to consider the maintainability of such a recall petition.

Whether a High Court can exercise its inherent powers under Section 528 BNSS / Section 482 CrPC to recall or review a final order disposing of a criminal case on merits.

Whether the statutory bar under Section 403 BNSS / Section 362 CrPC precludes the Court from reconsidering a judgment once it has been signed.

The Court primarily applied Section 362 of the CrPC (corresponding to Section 403 of the BNSS), which prohibits a Court from altering or reviewing its judgment or final order once signed, except to correct clerical or arithmetical errors.

It further relied on the principle that inherent powers under Section 482 CrPC (Section 528 BNSS) cannot be invoked to override an express statutory prohibition.

The Court cited the precedent of State of Rajasthan v. Parmeshwar Ramlal Joshi and Others (2025 LiveLaw (SC) 984), which held that the power of review is specifically barred under Section 403 BNSS and inherent powers cannot be used to do what the Code specifically prohibits.

The Court reasoned that the order dated 15.01.2026, which quashed the FIR and discharged the respondent, constituted a final order disposing of the proceedings.

Consequently, the Court became functus officio.

The Court observed that while the petitioner sought a "recall," the request essentially amounted to a substantive "review" of the judgment on its merits.

Applying the language of Section 403 BNSS / Section 362 CrPC, the Court determined that it lacks the jurisdiction to reconsider a case once disposed of, as the inherent powers of the High Court are subservient to the express statutory bars contained within the Code.

The Court answered that inherent powers cannot be used to circumvent the prohibition against reviewing final judgments.

Accordingly, the petition was dismissed as not maintainable without any order as to costs.