Summary
The Supreme Court held that Section 362 CrPC did not permit the High Court to withdraw and rehear its earlier order merely because it considered that order patently erroneous. That provision permits correction of clerical or arithmetical errors, not merits review. In the circumstances, the Supreme Court separately set aside both High Court orders and directed expedited disposal of the pending Sessions appeal without addressing its merits.
Issues
- Whether Section 362 permitted recall of an order to correct a perceived error on merits.
Provisions considered
- Section 362, Code of Criminal Procedure, 1973The limited exception for clerical or arithmetical correction could not support withdrawal and rehearing on merits. Any substantive correction had to follow a process authorised by law. (¶¶ 3, 4)
Held
- However erroneous the High Court considered its earlier order, Section 362 could not be used to reopen the merits. The purported withdrawal was a substantive rehearing rather than correction of a clerical or arithmetical error and was impermissible. (¶¶ 3, 4)
- The Supreme Court did not restore the earlier High Court order as final relief. Since the underlying Sessions appeal remained pending, it also set aside that earlier order and directed expeditious decision of the appeal, expressing no opinion on merits. (¶¶ 5, 6)
Result
Appeal disposed of. High Court orders dated 28 and 18 April 2017 both set aside. Principal City Civil and Sessions Judge, Bengaluru directed to decide Criminal Appeal 95/2017 expeditiously; pending applications disposed of.