High Court Cannot Exercise Inherent Powers U/S 482 CrPC To Review Its Judgment, Embargo U/S 362 Applies: Rajasthan High Court

The single judge bench of Justice Anoop Kumar Dhand observed:

“The purpose of Section 362 Cr.P.C. is that once a Court delivers a judgment or a final order disposing of a case, that judgment becomes functus officio, and it cannot be reconsidered or modified. The inherent power of the Court cannot be exercised for doing something that is specifically prohibited by the Cr.P.C. as doing so would be a violation of the law enacted by the Legislature and the precedents of the Supreme Court. Further, Section 482 Cr.P.C. does not confer any new powers on the High Court; it only saves the inherent power which the Court possessed before the commencement of the Code.”

The bench was hearing two petitions filed against the order dated August 8, 2017 of the High Court by which the Court refused to quash the FIR registered under Section 419 of IPC against the petitioners.

It was alleged by the prosecution that the petitioners applied for the posts of constables advertised, however, some other persons appeared on behalf of the petitioners in the written examination.

The Counsel appearing for the petitioners submitted that under the similar circumstances two FIRs were registered against the petitioners at Delhi with Police Station Sarai Rohilla, Delhi for the offences under Sections 419, 468 and 471 IPC. It was further submitted that Delhi High Court has quashed both the FIRs.

It was submitted that this fact was not within the knowledge of the petitioners, hence, it could not be brought into the notice of this Court at the time of disposal of the earlier petition.

It was argued that under the changed circumstances, the inherent powers of this Court under Section 482 CrPC be exercised and the impugned FIR be also quashed.

The Court noted that as per the provisions contained under Section 362 CrPC, it cannot alter the order dated August 08, 2017 passed by the Court in the earlier petition.

The Court observed:

“A plain reading of Section 482 Cr.P.C. showcases that nothing in the Cr.P.C. shall be deemed to limit or affect the inherent powers of the High Court. However, the embargo that lies under Section 362 Cr.P.C. which prohibits a Court from altering or reviewing its judgment or final order disposing of a case, except to correct a clerical or arithmetical error, applies to Section 482 Cr.P.C. as well. The Supreme Court has time and again held that the inherent jurisdiction of the High Court cannot be invoked to override the bar of review under Section 362 Cr.P.C.”

The Court relied upon the decision of the Supreme Court in Simrikhia v. Dolley Mukherjee, (1990) 2 SCC 437 and held that if any order is passed in consonance of the prayer made in the present petition, it would invariably amount to review which is barred under Section 362 CrPC and is not permissible even under the inherent powers possessed by the Court.

Thus, the Court dismissed the criminal miscellaneous petitions.

Case Title: Dharam Singh Meena and Anr. v. State of Rajasthan & Anr.

Citation: 2023 LiveLaw (Raj) 61

Coram: Justice Anoop Kumar Dhand

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