Supreme Court · 2018 INSC 637 · Decided 23 July 2018
Mohammed Zakir v. Shabana & ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 637 · [2018] 7 S.C.R. 1128
- Case number
- CRIMINAL APPEAL No. 926/2018
- Decided
- 23 July 2018
- Bench
- KURIAN JOSEPH, SANJAY KISHAN KAUL (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 362
Headnote
Code of Criminal Procedure, 1973 - s.362 - Recalling of the order - High Court recalled its own order, rendering it patently erroneous - Propriety of - Held: Not proper - The whole purpose of s.362 is only to correct a clerical or arithmetical error - on merits - That is impermissible under law. Disposing of the appeal, the Court HELD: The High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits. However patently erroneous the earlier order be, it can only be corrected in the process known to
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