MOHAMMED ZAKIR versus SHABANA & ORS.

MOHAMMED ZAKIR versus SHABANA & ORS.

Section 362 Cr.P.C. cannot be applied to recall an order on merits, and the High Court's exercise of such power was improper.

Parties
Appellant: Mohammed Zakir; Respondents: Shabana & Ors.
Jurisdiction
India
Judgment Date
23 July 2018
Procedural Posture
Criminal Appeal / Final Disposition
Outcome
appeal disposed of
Legal Topics
Recall of Court Orders, Section 362 Cr.p.c., High Court's Power to Review
Criminal Law Recall of Court Orders Section 362 Cr.p.c. High Court's Power to Review

Case Brief

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Parties

Mohammed Zakir

Appellant

Shabana & Ors.

Respondents

Procedural Posture

Criminal Appeal / Final Disposition

Legal Issues

  1. 1 Whether the High Court can recall its own order on merits under Section 362 of the Code of Criminal Procedure, 1973.

Ratio Decidendi

Section 362 Cr.P.C. cannot be applied to recall an order on merits, and the High Court's exercise of such power was improper.

Court Disposition

appeal disposed of

Orders

  • Impugned order dated 28.04.2017 set aside
  • Order dated 18.04.2017 passed by the High Court set aside