Section 362 CrPC Does Not Empower Court To Suo Motu Recall Orders Passed By It: Supreme Court

The Supreme Court observed that Section 362 of the Code of Criminal Procedure does not empower a court to suo moto recall the earlier order passed by it.

The court said that Section 362 CrPC only provides for correction of any clerical or arithmetical error. 

The bench comprising Justices Vineet Saran and Aniruddha Bose set aside a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. Later, the judge recalled these orders taking note of the Supreme Court judgment in Gian Singh v. State of Punjab held heinous and serious offence offences like murder, rape, and other such offences cannot "be fittingly quashed even though the victim or victim's family and the offender have settled the dispute". The accused had therefore approached the Apex Court.

The court observed 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 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.", the court observed.

Therefore, the bench, while allowing the appeal, observed that the earlier order  has wrongly been recalled by the High Court.

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