Summary
The Court set aside the High Court’s suo motu recall of its detailed, contested order quashing an FIR. Section 362 permits correction of clerical or arithmetical errors, but did not authorize recall of that final order in these circumstances. The appeal concerned the power to recall, rather than a fresh examination of the FIR’s merits.
Issues
- Whether the High Court could suo motu recall its reasoned final order quashing an FIR after contest.
Provisions considered
- Section 362, Code of Criminal Procedure, 1973The clerical or arithmetical correction exception did not empower the High Court to recall the contested final quashing order. (¶ SCR 1116)
Held
- The order of 20 April 2021 had quashed the FIR through detailed reasons after contest. The subsequent suo motu recall on 28 April was not a correction of a clerical or arithmetical error and exceeded the power available in this case. (¶ SCR 1116)
Result
Appeal allowed. The High Court’s recall order dated 28 April 2021 was set aside, leaving the earlier FIR-quashing order operative.