VIKRAM BAKSHI AND OTHERS versus R.P. KHOSLA AND ANOTHER

VIKRAM BAKSHI AND OTHERS versus R.P. KHOSLA AND ANOTHER

The High Court erred in recalling its earlier judgment in Criminal Miscellaneous (Co.) No. 4 of 2019 by entertaining a review under Order XLVII CPC in proceedings governed by the CrPC. Section 362 CrPC bars review/alteration of criminal court judgments except in narrow exceptions; proceedings under Section 340 CrPC are criminal and governed by CrPC, so Order XLVII CPC is not available. The withdrawal of CP 114 of 2007 was a ground available before the High Court at the original hearing and did not qualify as a fresh ground entitling procedural recall. Consequently, the Impugned Order dated 05.05.2021 was set aside and the appeal allowed.

Parties
Appellant: Vikram Bakshi; Appellant: Vinod Surha; Appellant: Wadia Prakash; Contesting Respondent No.1: R.P. Khosla; Proforma Respondent No.2: Anand Mohan Mishra
Jurisdiction
India
Judgment Date
20 August 2025
Procedural Posture
Criminal Appeal / Judgment on Appeal (final Disposal)
Outcome
Appeal allowed; Impugned Order dated 05.05.2021 set aside
Legal Topics
Section 362 Cr PC Bar on Review, Section 340 Cr PC Perjury Proceedings, Order XLVII CPC Review Petition Maintainability in Criminal Proceedings, Functus Officio, Procedural Review V. Substantive Review, Recall of Judicial Orders
Criminal Procedure Civil Procedure Company Law Section 362 Cr PC Bar on Review Section 340 Cr PC Perjury Proceedings Order XLVII CPC Review Petition Maintainability in Criminal Proceedings Functus Officio Procedural Review V. Substantive Review +1 more

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Parties

Vikram Bakshi

Appellant

Vinod Surha

Appellant

Wadia Prakash

Appellant

R.P. Khosla

Contesting Respondent No.1

Anand Mohan Mishra

Proforma Respondent No.2

Procedural Posture

Criminal Appeal / Judgment on Appeal (final Disposal)

Legal Issues

  1. 1 Whether a review or recall of an order passed in a criminal proceeding initiated under Section 340 CrPC is permissible
  2. 2 Whether a review petition under Order XLVII CPC is maintainable in proceedings of criminal nature under CrPC
  3. 3 Scope and applicability of Section 362 CrPC and its exceptions

Ratio Decidendi

The High Court erred in recalling its earlier judgment in Criminal Miscellaneous (Co.) No. 4 of 2019 by entertaining a review under Order XLVII CPC in proceedings governed by the CrPC. Section 362 CrPC bars review/alteration of criminal court judgments except in narrow exceptions; proceedings under Section 340 CrPC are criminal and governed by CrPC, so Order XLVII CPC is not available. The withdrawal of CP 114 of 2007 was a ground available before the High Court at the original hearing and did not qualify as a fresh ground entitling procedural recall. Consequently, the Impugned Order dated 05.05.2021 was set aside and the appeal allowed.

Court Disposition

Appeal allowed; Impugned Order dated 05.05.2021 set aside

Orders

  • Impugned Order dated 05.05.2021 set aside
  • Criminal Appeal No. 3646 of 2025 allowed