2024 Supreme(SC) 815

SUPREME COURT OF INDIA
SANJAY KUMAR, ARAVIND KUMAR, JJ.
Gagan Banga and Another – Petitioners
Versus
The State of West Bengal and Others – Respondents
Misc. Application Nos. 1861, 1862 of 2023, Interlocutory Application Nos. 138072, 150965 of 2023, Writ Petition (Crl.) No. 166 of 2023
Decided On : 23-09-2024

IMPORTANT POINTS
(1) Miscellaneous application – Post-disposal applications for modification and clarification of disposal order shall lie only in rare cases.
(2) Power of recall is different from power of altering/ reviewing a judgment – Our legal system acknowledges fallibility of Judges.
(3) Criminal proceedings ought not to be scuttled and Courts, in usual course, should not thwart investigation into cognizable offences.

Headnote:

(A) Supreme Court Rules, 2013 – Rule 6 of Order LV – Constitution of India – Article 32 – Miscellaneous application – Maintainability – Ordinarily and in usual course, Supreme Court would be averse and opposed to entertaining miscellaneous applications in disposed of cases – Post-disposal applications for modification and clarification of disposal order shall lie only in rare cases – However, when individual facts of a particular case so warrant, there can be no bar to entertaining a clarification/modification petition in a disposed of case – This would necessarily depend on facts and circumstances of that individual case – If any abuse of process is noticed after disposal of case or if a modification is found essential to meet ends of justice, Supreme Court would be justified in entertaining application in a disposed of case and exercising such power. (Paras 10 and 12)

(B) Criminal Procedure Code, 1973 – Sections 362 and 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 403 and 528] – Review/recall of Judgment – No adverse order should be passed against a party without hearing it – This is fundamental principle of natural justice and it is a basic canon of jurisprudence – Power of recall is different from power of altering/ reviewing a judgment – If an order is pronounced without giving opportunity of hearing to a party affected by it, inherent powers of Court can be exercised to recall such order – Our legal system acknowledges fallibility of Judges – As Courts of record, it is necessary that Constitutional Courts recognize errors that may have crept into their judicial orders and rectify the same when called upon to do so. (Paras 13 and 14)

(C) Criminal Procedure Code, 1973 – Section 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 528] – Constitution of India – Article 32 – Stay on FIRs – When a party is relegated to High Court to pursue its remedies, it would not be proper, in normal course, to bind High Court with directions in relation to proceedings to be impugned before such Court – Ordinarily, Supreme Court would leave all issues open for party so relegated to raise and pursue before High Court – Criminal proceedings ought not to be scuttled and Courts, in usual course, should not thwart investigation into cognizable offences – High Courts in which proceedings have been instituted against FIRs would be at liberty to entertain applications for interim relief in relation thereto and consider such applications and also main cases on their own merits and in accordance with law. (Paras 17 and 18)

Facts of the case:

Writ Petition (Crl.) seeks writ, order or direction in nature of mandamus or any other appropriate writ or order thereby laying down appropriate guidelines to be followed by all including police officials and Judicial Magistrate to desist from initiating or directing initiation of criminal proceedings against financial institutions, its assignees, management, officers, employees, lawful transferees and purchasers of secured assets at behest of disgruntled defaulting borrowers, so as to protect their fundamental rights guaranteed under Article 14, 19 and 21 of Constitution.

Findings of Court:

High Courts in which proceedings have been instituted against FIRs would be at liberty to entertain applications for interim relief in relation thereto and consider such applications and also main cases on their own merits and in accordance with law, uninfluenced by any observations made in order dated 04.07.2023.

Result : Miscellaneous applications and interlocutory applications are disposed of with observations.