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AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 364 and 323 read with Section 34 of the Penal Code, 1860
  • Section 482 of the Code of Criminal Procedure, 1973 (CrPC)
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Attorney(S)
Judges
Acts
  • Section 364 and 323 read with Section 34 of the Penal Code, 1860
  • Section 482 of the Code of Criminal Procedure, 1973 (CrPC)
Smart Summary

Factual and Procedural Background

An FIR (No. 575/2016) was lodged at Police Station Kolgawan, District Satna, Madhya Pradesh for alleged offences under Sections 364 and 323 read with Section 34 of the Indian Penal Code. A charge-sheet was filed on 8 September 2016.

The second respondent sought quashing of the FIR by filing a petition under Section 482 of the Code of Criminal Procedure, 1973. While that petition was pending, charges were framed on 24 April 2017. On 20 July 2018, the High Court dismissed the Section 482 petition (SCC OnLine MP 1425), observing that the petitioner could challenge the charges through the appropriate legal avenue.

Subsequently, the second respondent filed another petition under Section 482 seeking to “review, recall and modify” the earlier High Court order. On 20 August 2018, the High Court allowed this second petition and recalled its earlier order (SCC OnLine MP 1424). The present appeal challenges that recall order.

Legal Issues Presented

  1. Whether the High Court could entertain a second petition under Section 482 CrPC to review or modify its own final order in view of the express bar contained in Section 362 of the Code of Criminal Procedure.

Arguments of the Parties

Appellant's Arguments

  • Section 362 CrPC expressly prohibits any court from altering or reviewing its judgment after it is signed, except to correct clerical or arithmetical errors.
  • Therefore, the High Court lacked jurisdiction to entertain the second Section 482 petition that sought review or modification of the final order dated 20 July 2018.

State of Madhya Pradesh

  • Supported the appellant’s contention that Section 362 creates a complete bar to the course adopted by the High Court.

Second Respondent's Arguments

  • Contended that, in the earlier order, the High Court had already noted that no offence under Section 364 IPC appeared to be made out, implying that recall or modification was justified.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Supreme Court noted that when the High Court dismissed the first Section 482 petition, it expressly permitted the second respondent to pursue appropriate remedies after the framing of charges. That dismissal constituted a final order.

Section 362 CrPC categorically forbids a court from altering or reviewing its judgment or final order once signed, except to correct clerical or arithmetical mistakes. The Court held that this statutory bar is absolute and left no scope for the High Court to revisit its earlier decision through a subsequent Section 482 petition styled as a request for “review, recall and modification.”

Consequently, the impugned order dated 20 August 2018—whereby the High Court recalled its earlier dismissal—was held to be without jurisdiction and therefore unsustainable.

Holding and Implications

Appeal Allowed; High Court’s order dated 20 August 2018 set aside.

The second respondent’s attempt to seek review or modification of the earlier dismissal under Section 482 CrPC stands nullified. The decision reinforces the absolute bar under Section 362 CrPC against reviewing or altering a signed final order, thereby emphasizing that litigants must pursue any permissible statutory remedies rather than re-invoking the inherent jurisdiction of the High Court.

    Atul Shukla v. State Of Madhya Pradesh And Another

    Order

    1. Delay condoned. Leave granted.

    2. A first information report being FIR No. 575/2016 was registered at Police Station Kolgawan, District Satna, Madhya Pradesh for the offences under Sections 364 and 323 read with Section 34 of the Penal Code, 1860. Upon investigation, a charge-sheet was filed on 8-9-2016.

    3. A petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) was filed by the second respondent for quashing of the FIR. In the meantime, charges were framed on 24-4-2017. On 20-7-2018 2018 SCC OnLine MP 1425, the High Court dismissed the petition under Section 482 in the following terms : (Surendra Singh case 2018 SCC OnLine MP 1425, SCC OnLine MP paras 6-7)

    “6. Considering the circumstances, this petition under Section 482 CrPC has no merit. The petitioner may challenge the framing of charge under appropriate provisions.
    7. With the above observation, this petition is dismissed.”

    4. After the above order, the second respondent filed another petition under Section 482 in which the following relief was sought:

    “It is therefore, prayed that this Hon'ble Court may kindly review, recall and modify the order dated 20-7-2018 2018 SCC OnLine MP 1425 in the interest of justice.”

    It is on the second petition that the High Court passed its impugned order dated 20-8-2018 2018 SCC OnLine MP 1424 allowing the petition and recalling its earlier order dated 20-7-2018 2018 SCC OnLine MP 1425.

    5. 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 CrPC. Section 362 provides as follows:

    “362. Court not to alter judgment.—Save as otherwise provided by this Code or by any other law for the time being in force, 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.”

    6. The State of Madhya Pradesh represented by the learned Standing Counsel has filed a counter-affidavit supporting the contention of the appellant. The learned counsel appearing on behalf of the second respondent has urged that in the order dated 20-7-2018 2018 SCC OnLine MP 1425, the High Court had recorded the submission that no offence under Section 364 was made out.

    7. The High Court while dismissing the petition under Section 482 observed that it would be open to the second respondent to pursue his remedies after framing of the charge. In view of the specific bar which is contained in Section 362, we are of the view that the impugned order 2018 SCC OnLine MP 1424 of the High Court is unsustainable. Such an application for review or modification could not have been entertained.

    8. We accordingly, allow the appeal and set aside the impugned judgment and order of the High Court dated 20-8-2018 passed in Surendra Singh v. State of M.P. 2018 SCC OnLine MP 1424 Pending application(s), if any, shall stand disposed of.

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    Comments

    Atul Shukla v. State Of Madhya Pradesh And Another
    (May 6, 2019)