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Legal Knots: The Human Side of Recalling Court Orders

Section 362 outs a complete Bar for altering or reviewing if a judgments or final order on merits and the only power given to the Courts is that it can correct a clerical or arithmetical error. The said Section does not impose any prohibition for recalling an order . When a judgment or final order is recalled,it would result in complete abrogation as if there was no judgement or final order at all.

The provision s of section 362 Crpc are not at all attracted in the strict sense as is required under the Code of Criminal Procedure. If that is so , recalling of its earlier order of acceptance of B report on noticing prima facie mistake committed by the Court can not be said to be illegal or perverse.

Even otherwise, accepting the contention of the counsel s for the petitioner for a moment,it can be seen that once there is an apparent mistake committed by the Court below in procedural aspects by noting non filling of protest petition even though such protest petition was filed by the complainant.

It is always open for the Court to correct such mistakes in order to do justice to the parties concerned. As such even irrespective of the fact that the learned Magistrate has recalled the order by his impugned order ,the same mistake can't be set at right by the Court stating that the mistake was apparent on the part of the order of the Ld Magistrate and the order of acceptance of B report could have been recalled and the protest petition of the complainant should have been considered.

Order of dismissing revision petition recalled on the grounds that it was passed without hearing counsel for petitioner who was unable to to appear on fixed date due to some alterations or change in the final order.

Recalling of dismissal order maintenance petition under section 125 ,Crpc. can not be treated as an alterations or change in the Final order.

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