Supreme Court of India
Xxx v. The State of Kerala & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid, we are of the opinion that the impugned order dated 28.04.2021 could not have been passed and the earlier order dated 20.04.2021 has wrongly been recalled by the High Court.
Judgment, page 2
From the headnote
Practice and Procedure – Recall of earlier order – By order dated 20.04.2021, FIR quashed by High Court by a detailed reasoned order – Thereafter, on 28.04.2021, High Court took up the matter suo moto and recalled the order dated 20.04.2021 – Propriety of – Held: Not proper – In view of s.362 CrPC, the Court does not have the power to alter the judgment and order once passed, except to correct the clerical or arithmetical error – There is no power, except u/s.362 CrPC, which only provides for correction of any clerical or arithmetical error – The same does not empower the court to recall the…
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