Supreme Court · 2021 INSC 770 · Decided 22 November 2021

XXX v. The State of Kerala & ORS.

Court
Supreme Court of India
Citation
2021 INSC 770 · [2021] 7 S.C.R. 1115
Case number
CRIMINAL APPEAL No. 1444/2021
Decided
22 November 2021
Bench
VINEET SARAN, ANIRUDDHA BOSE (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 362, 482

Headnote

Practice and Procedure - Recall of earlier order - By order dated 20.04.2021, FIR quashed by High Court by a detailed reasoned order - Thereafter, on 28.04.2021, High Court took up the matter suo moto and recalled the order dated 20.04.2021 - Propriety of - Held: Not to alter the judgment and order once passed, except to correct the clerical or arithmetical error - There is no power, except u/s.362 CrPC, which only provides for correction of any clerical or arithmetical error - The same does not empower the court to recall the earlier order

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