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HIGH COURT OF JUDICATURE AT ALLAHABAD
TEJ PRATAP TIWARI
Parvez Khan – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. hearing and perusal of records (Para 1) |
| 2. application for restoration of criminal case (Para 2) |
| 3. arguments related to non-appearance and procedural limitations (Para 3 , 4) |
| 4. provisions of cr.p.c. regarding judgment alteration and review (Para 5 , 6 , 8) |
| 5. detailed interpretation of section 362 cr.p.c. (Para 7 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. conditions under which inherent powers may be exercised (Para 19) |
| 7. regulating the process for restoration after dismissal (Para 20 , 21) |
| 8. final order to restore the petition for justice (Para 22 , 23 , 24 , 25 , 26) |
JUDGMENT :
TEJ PRATAP TIWARI, J.
Ref : Crl. Misc. Application for Restoration of the application and the Recall of the order dated 30.05.2024
1. Heard learned counsel for the applicant, learned AGA as well as learned counsel appearing on behalf of the opposite party no. 2 and perused the records.
2. This application for recall of the order dated 30.05.2024 has been filed with the prayer to restore the Criminal Misc. Case No.18737 of 2023 (U/s 482 Cr.P.C.) (Parvez Khan vs. State of U.P. and another) at its original number and status.
3. Learned counsel for the applicant has submitted that on 30.05.
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.
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 main legal point established in the judgment is that the court has no power to recall or modify its order under Section 482 of the Criminal Procedure Code, except in specific circumstances such a....
A court cannot review its own judgment once signed, except to correct clerical errors, and inherent powers to recall judgments are limited to jurisdictional errors or violations of natural justice.
The court upheld that representation by Amicus Curiae suffices for fair hearing, dismissing the recall application for lack of legal grounds.
Litigants should not suffer due to the mistakes of their counsel; allegations of professional misconduct must be addressed to the Bar Council.
A criminal appeal cannot be dismissed for non-prosecution without addressing the merits; the High Court cannot alter its judgment post-signature except for clerical errors.
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.
Once a court signs a final order, it becomes functus officio and is statutorily barred from reviewing, recalling, or altering the order, except to correct clerical or arithmetical errors, even when e....
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