VidhiSangh

Supreme Court of India · 08/10/2025

STATE OF RAJASTHAN versus PARMESHWAR RAMLAL JOSHI AND OTHERS

[2025] 10 S.C.R. 354 · 2025 INSC 1205

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Summary

The High Court recalled its own reasoned order, calling it a clerical mistake, and then transferred the investigation of two FIRs to the CBI. The Supreme Court quashed both orders. A criminal court cannot review its own final order under the guise of inherent powers, and a petition under Section 528 BNSS seeking the same relief as a writ petition already withdrawn without liberty could not be entertained.

Issues

  1. Whether, after a writ petition seeking transfer of investigation was dismissed as withdrawn without liberty, a petition under Section 528 BNSS with identical prayers could be entertained.
  2. Whether the High Court could recall its order of 16/01/2025 as a clerical mistake and then transfer the investigation to the CBI.

Provisions considered

Held

Result

State's appeals allowed; High Court orders of 24/01/2025 and 04/02/2025 quashed; complainant given liberty, given the gravity of the allegations, to challenge the orders of 23/10/2024 and 16/01/2025 according to law; connected special leave petitions dismissed as infructuous.

Judgment PDF: Supreme Court of India, [2025] 10 S.C.R. 354.