Xxx vs The State Of Kerala

REPORTABLE 2021 INSC 770 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

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 2

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 3

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)