HARI SINGH MANN versus HARBHAJAN SINGH BAJWA AND ORS.

HARI SINGH MANN versus HARBHAJAN SINGH BAJWA AND ORS.

The High Court had no jurisdiction to review or alter its final orders under Section 482 Cr.P.C., and issuance of fresh directions in a miscellaneous petition after the disposal of the main petition is impermissible and amounts to an abuse of court process.

Parties
Appellant: Hari Singh Mann; Respondent: Harbhajan Singh Bajwa; Respondent: State of Punjab
Jurisdiction
India
Judgment Date
01 November 2000
Procedural Posture
Criminal Appeal / Appeal From Punjab and Haryana High Court Orders Dated 21.4.99 and 30.4.99
Outcome
Appeals allowed; impugned orders of High Court quashed.
Legal Topics
Inherent Powers of High Court, Review of Criminal Orders, Functus Officio Principle, Abuse of Process
Criminal Law Criminal Procedure Inherent Powers of High Court Review of Criminal Orders Functus Officio Principle Abuse of Process

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Parties

Hari Singh Mann

Appellant

Harbhajan Singh Bajwa

Respondent

State of Punjab

Respondent

Procedural Posture

Criminal Appeal / Appeal From Punjab and Haryana High Court Orders Dated 21.4.99 and 30.4.99

Legal Issues

  1. 1 Whether the High Court can review or alter its final orders passed under Section 482 of Criminal Procedure Code
  2. 2 Whether issuance of fresh directions after disposal of main petition is permissible

Ratio Decidendi

The High Court had no jurisdiction to review or alter its final orders under Section 482 Cr.P.C., and issuance of fresh directions in a miscellaneous petition after the disposal of the main petition is impermissible and amounts to an abuse of court process.

Court Disposition

Appeals allowed; impugned orders of High Court quashed.

Orders

  • Impugned orders of the High Court dated 30.4.1999 and 21.7.1999 are set aside.
  • Original order dated 7.1.1999 of the High Court is restored.