The Supreme Court has observed that Courts are not empowered to suo-motu recall orders passed by them previoulsy under Section-362 CrPC for modifications or alterations.
While dealing with a petition challenging Kerala High Court order recalling its earlier judgment quashing Rape and Child Sexual Assault charges against appeallant-accused, the Court ruled that Section 362 CrPC only provides for correction of any clerical or arithmetical error and not irrational recalling of judgements/order passed post case analysis.
The Kerala High Court Bench presided by Justice K. Haripal had initially quashed the criminal proceedings against the appeallant-accused on the grounds of the marriage of the accused to the victims.
Although later on, the Judge recalled these orders and revived the proceedings relying on SC Judgment in Gian Singh v. State of Punjab, 2012 Latest Caselaw 527 SC in which it was held that heinous and serious 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".
Aggrieved, the appeallant-accused approached the Supreme Court.
The Apex Court clarified that under Section 362 Cr.P.C. the Court aren't empowered to alter the judgment and order once passed, except to correct the clerical or arithmetical error.
"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 Bench comprising of Justices Vineet Saran and Justice Aniruddha Bose accordingly set aside the impugned order and disposed-off the plea.
Read Order Here:
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