MOHAMMED ZAKIR vs SHABANA & ORS
This appeal challenges an order passed by the High Court which recalled its own previous order dated 18.04.2017, purportedly invoking Section 362 of the Code of Criminal Procedure 1973. The core legal question was whether the High Court possessed the authority under Section 362 to recall or review a judicial order on the grounds that it was patently erroneous. The Supreme Court held that the High Court erred in exercising its power under Section 362 for a correction on merits. The Court clarified that Section 362 is strictly limited to the correction of clerical or arithmetical errors and cannot be utilized to rehear a matter on merits, regardless of whether the initial order was perceived as patently erroneous. The key principle laid down is that judicial orders cannot be recalled or reviewed on merits under the guise of Section 362, as such corrections must follow established legal processes rather than summary recall. Consequently, the Supreme Court set aside the impugned order and directed the relevant Sessions Court to expedite the pending criminal appeal.
- Can a High Court recall or review its own order on merits under Section 362 of the Code of Criminal Procedure 1973?
- What is the permissible scope of correction under Section 362 of the Code of Criminal Procedure 1973?
- Does the power to correct clerical or arithmetical errors under Section 362 of the Code of Criminal Procedure 1973 extend to correcting patently erroneous judicial decisions?
- Section 362, Code of Criminal Procedure 1973
KURIAN, J.
Leave granted.
2. We have heard the petitioner , who is appearing in person, Mr. Joseph Aristotle S., learned counsel appearing for Respondent Nos.1 to 4 and Mr. Gopal Sankaranarayanan, learned counsel, who was appointed as an amicus in this matter .
3. The appellant is aggrieved since the High Court passed an order under Section 362 Cr.P.C. dated 28.04.2017 recalling its own order dated 18.04.2017. The order dated 28.04.2017 reads as under:- "Notwithstanding section 362 of Cr.P.C. the order rendered by this Court earlier on 18.04.2017 is found to be patently erroneous and therefore the order is withdrawn. The petition is restored to file and the registry is directed not to webhost the order passed earlier and to take note of the fact that the order is withdrawn."
4. The High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits.
However patently erroneous the earlier order be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C. The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. What the High Court sought to do in the impugned order is not to correct a clerical or arithmetical error; it sought to re hear the matter on merits, since, according to the learned Judge, the earlier order was patently erroneous.That is impermissible under law . Accordingly , we set aside the impugned order dated 28.04.2017.
5. Now that the parties have appeared before us, we have ascertained that the appellant approached the High Court, aggrieved by the notice issued by the Sessions Court on 25.01.2017 in Criminal Appeal No.95/2017. Since the said appeal is pending before Principal City Civil and Sessions Judge, Bengaluru, we do not propose to deal with the matter on merits. Accordingly , we set aside the order dated 18.04.2017 passed by the High Court and dispose of this appeal with a direction to the Principal City Civil and Sessions Judge, Bengalure to dispose of the Criminal Appeal No.95/2017 expeditiously .
6. Pending applications, if any , shall stand disposed of.