RAJASTHAN HIGH COURT BENCH AT JAIPUR
Anoop Kumar Dhand, J.
Dharam Singh Meena & Ors. - Appellants
Versus
State of Rajasthan, Through Public Prosecutor & Ors. - Respondents
S.B. Criminal Miscellaneous (Petition) No. 733 and 1655 of 2021
Decided On : 11-01-2023
Quash - FIR - IPC Section 419, CrPC Sections 362, 482 - The court interpreted Sections 362 and 482 of the CrPC, emphasizing that inherent powers cannot override the prohibition against reviewing final orders, leading to the dismissal of the petitions.
Fact of the Case:
The petitioners sought to quash an FIR under Section 419 IPC, previously dismissed by the court. They argued that subsequent quashings of similar FIRs in Delhi warranted a reconsideration of their case.
Finding of the Court:
The court found that it could not alter its previous order under Section 362 Cr.P.C., which prohibits reviewing final judgments unless correcting clerical errors. The inherent powers under Section 482 Cr.P.C. could not be invoked to bypass this prohibition.
Issues: Whether the court could reconsider its earlier dismissal of the petition to quash the FIR based on subsequent developments in similar cases.
Ratio Decidendi: The court held that the inherent powers under Section 482 Cr.P.C. do not allow for the review of final orders as prohibited by Section 362 Cr.P.C., reinforcing the principle that a court's judgment becomes functus officio once delivered.
Result: Both criminal misc. petitions are dismissed.
ORDER
1. This order will govern disposal of both these petitions since it is submitted that both the petitions involve common issue and prayer in the identical fact situation.
2. Both these petitions have been filed by the petitioners with the following prayer:
And pass any other order / orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.'
3. At the outset it is observed that with regard to the same prayer, the petitioners filed S.B. Criminal Misc. Petition No.1438/2017 for quashing of the impugned FIR No.476/2014 before this Court with the similar prayer which is reproduced as under:
Any other order or relief which this Hon'ble Court deems fit may also kindly be passed in favour of the petitioners.'
4. The aforesaid petition was dismissed by this Court vide order dated 08.08.2017 by observing thus:
Keeping in view the nature of allegations levelled against the petitioners, no ground to scuttle the criminal proceedings at the very threshold is made out.
Dismissed.'
5. Counsel for the petitioners submits that under the similar circumstances two FIRs were registered against the petitioners at Delhi i.e. FIR No.969/2014 and 539/2014 registered with Police Station Sarai Rohilla, Delhi for the offences under Section 419, 468 and 471 IPC. Counsel submits that High Court of Delhi has quashed FIR No.969/2019 registered with Police Station Sarai Rohilla, Delhi vide its order dated 02.03.2017 while deciding Criminal Misc. Case No.1218/2015. Counsel submits that this fact was not within the knowledge of the petitioners. Hence, it could not be brought into the notice of this Court at the time of disposal of earlier S.B. Criminal Misc. Petition No.1438/2017. Counsel further submits that subsequently the High Court of Delhi quashed FIR No.539/2014 registered with Police Station Sarai Rohilla, Delhi vide order dated 03.08.2018. Counsel submits that under these circumstances, the petitioners have approached again this Court by way of filing this successive petition for quashing of FIR No.476/2014. Counsel submitted that under the changed circumstances, the inherent powers of this Court under Section 482 Cr.P.C. be exercised and the impugned FIR be also quashed.
6. Per contra, learned Public Prosecutor opposed the arguments raised by the counsel for the petitioners.
7. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record.
8. Without going into the merits of the case, this Court is of the view that as per the provisions contained under Section 362 Cr.P.C., this Court cannot alter the order dated 08.08.2017 passed by this Court while deciding S.B. Criminal Misc. Petition No.1438/2017. For ready reference the provisions contained under Section 362 Cr.P.C. are quoted here as under:
Simrikhia vs. Dolley Mukherjee
Sooraj Devi vs. Pyare Lal (1981) 1 SCC 500 : 1981 SCC (Cri) 188)
A second quashing petition under Section 482 Cr.P.C. is not maintainable if the grounds were available during the first petition, reinforcing the prohibition against repeated submissions based on pre....
The judgment cannot be altered or reviewed except to correct a clerical or arithmetical error, as per the bar under Section 362 Cr.P.C.
The High Court lacks the power to review or recall its orders after they have been signed, as it becomes functus officio and such actions are barred under Section 362 of the Criminal Procedure Code.
The court established that inherent powers under Section 482 Cr.P.C. should be exercised cautiously and only when no prima facie case exists against the accused.
The scope for quashing FIRs under Section 482 of CrPC is limited and requires concrete grounds showing no cognizable offences are disclosed.
The power to quash a criminal proceeding under Section 482 Cr.P.C should be exercised sparingly and cautiously to prevent the abuse of process of any court and to secure the ends of justice.
The power of the High Court to quash criminal proceedings under Section 482 Cr.P.C. is distinct and different from the power given to a criminal court for compounding the offences under Section 320 o....
Petitions dismissed for want of prosecution can be restored under Section 482 Cr.P.C. when there is a bona fide reason for absence, circumventing the prohibition of Section 362 Cr.P.C.
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