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Criminal LawSupreme Court of India

Mohammed Zakir v. Shabana

Criminal Appeal · 2018 INSC 637Decided 23 Jul 2018
Criminal Appeal No. 926 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellant, who appeared in person, was aggrieved that the High Court had passed an order under Section 362 Cr.P.C. recalling its own earlier order, on the basis that the earlier order was "patently erroneous." The underlying dispute traced back to a notice issued by a Sessions Court in a pending criminal appeal before the Principal City Civil and Sessions Judge, Bengaluru.

Decision Breakdown

The Supreme Court held that Section 362 Cr.P.C. exists only to correct clerical or arithmetical errors, not to allow a court to re-hear and reverse its own order on the merits merely because it later considers that order erroneous: any such substantive correction must follow the process known to law (e.g., review or appeal), not a Section 362 recall. Since what the High Court did was effectively a merits re-hearing dressed up as a correction, that recall order was impermissible and was set aside. The Court also set aside the original High Court order itself, but, since the related criminal appeal was still pending before the Sessions Court, declined to go into the merits, instead disposing of the appeal with a direction to the Sessions Court to dispose of that pending appeal expeditiously.

Lesson Learnt

Section 362 Cr.P.C. cannot be used by a court to re-open and reverse its own decision on the merits; a party aggrieved by an allegedly erroneous order must pursue the proper legal remedy (such as review or appeal), not ask the same court to simply recall its order.

Mohammed Zakir v. Shabana – Legal Case Shots | LegalAware