Important Judgment Pronounced Today on Rule of Review/Recall in Criminal Matter (13th May, 2019)

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Title of the Case – Rule for Review/Recall in Criminal Matter

Name of the caseAtul Shukla V. The State of Madhya Pradesh, Cr.A. 837 of 2019 (@SLP (Crl.) 1166 of 2019)

Date of Judgment 13 May, 2019

Judges: Justice D.Y. Chandrachud and Justice Hemant Gupta

Subject and sections involved Section 482 and Section 362 of CrPC, 1973.

 

Issue:

  1. whether application for review or modification can be entertained even after judgment or final order has been signed?

 

Fact of the Case:

A First Information Report being FIR No. 575/2016 was registered at Police Station Kolgawan, District Satna, Madhya Pradesh for offences under Section 364 and 323 read with Section 34 of the Penal Code. Upon investigation, a charge sheet was filed on 8 September 2016.

A petition under Section 482 of the Code of Criminal Procedure 1973  was filed by the second respondent for quashing of the FIR. In the meantime, charges were framed on 24 April 2017. On 20 July 2018, the High Court dismissed the petition.

It is on the second petition that the High Court passed its impugned order dated  20 August 2018 allowing the petition and recalling its earlier order dated 20 July 2018. The submission which has been urged on behalf of the appellant is that the High Court could not have entertained the subsequent petition under Section 482 for review or, as the case may be, for modification of its earlier order having regard to the specific bar contained in Section 362 of the CrPC.

The State of Madhya Pradesh represented by the learned Standing Counsel has filed a counter affidavit supporting the contention of the appellant.

 

Ratio of the case -

The application for review or modification could be entertained after final disposing of judgment or final order.

Section 362 of CrPC provides that, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.