Criminal Court Cannot Review Or Recall Its Judgment Except To Correct Clerical Errors : Supreme Court

The Supreme Court reiterated that a High Court exercising criminal jurisdiction cannot recall or review its own judicial order under the guise of inherent powers, except to correct a purely clerical or accidental error. Setting aside the Rajasthan High Court's direction transferring investigation to the CBI in a mining-related dispute, the Court held that the recall of an earlier order by invoking Section 482 CrPC (now Section 528 BNSS) was beyond jurisdiction.

"Law is well settled by a catena of decisions of this Court that a criminal Court has no power to recall or review its own judgment. The only permissible action is to correct or rectify clerical errors by virtue of Section 403 BNSS [Section 362 CrPC]," the Court observed.

Background

The respondent/complainant, a mining leaseholder, had alleged that influential persons, including a former minister,had interfered with his mining operations and threatened him. Multiple FIRs were filed, but after the police submitted negative reports, he moved the High Court seeking a fair investigation or transfer to an independent agency.

On January 16, 2025, the Rajasthan High Court disposed of his petition directing him to approach the Superintendent of Police for appropriate action. However, days later, the complainant filed a miscellaneous application seeking “recall” of that order and transfer of investigation to the CBI. On February 4, 2025, the High Court recalled its earlier order and directed the CBI to take over the investigation.

The State of Rajasthan challenged these subsequent orders before the Supreme Court.

Supreme Court's Findings

The Bench comprising Justice Vikram Nath and Justice Sandeep Mehta noted that the High Court's January 16 order was a judicial one passed after considering the merits and hence could not be recalled under inherent jurisdiction. There was no clerical mistake in the order that could justify recall, the Court observed, adding that the power to review or recall a final order is expressly barred under Section 403 of the Bharatiya Nagarik Suraksha Sanhita (corresponding to Section 362 CrPC).

 The Court also noted that the complainant had earlier filed a writ petition seeking a CBI probe, which he had withdrawn. The subsequent petition seeking the same relief, though styled as one under inherent powers, amounted to re-litigation of the same cause and was impermissible.

While acknowledging that the allegations were serious, the Supreme Court clarified that jurisdictional limitations cannot be bypassed on grounds of equity or perception of bias in investigation. The power to transfer investigation to the CBI must be exercised sparingly and within the framework of law.

Accordingly, the Bench quashed the High Court's orders dated January 24 and February 4, 2025, which recalled the earlier order and transferred the investigation to the CBI. However, it granted liberty to the complainant to avail appropriate remedies under law to challenge the earlier orders if he so desired.

Solicitor General of India Tushar Mehta, assisted by Addl Advocate General Shiv Mangal Sharma appeared for the State of Rajasthan

Senior Advocate Siddharth Dave appeared for the respondent.

Case : State of Rajasthan v Parmeshwar Ramlal Joshi and others

Citation : 2025 LiveLaw (SC) 984

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