The Supreme Court held that a High Court cannot review or recall its own order under the inherent powers of Section 482 CrPC (Section 528 BNSS) once it has attained finality. Such power is barred by Section 362 CrPC, which only permits the correction of clerical errors. The Court quashed the impugned orders directing transfer of investigation to the CBI as they amounted to an impermissible review.
Facts Of The Case:
The complainant, Parmeshwar Ramlal Joshi, a granite mining businessman, alleged criminal intimidation, theft, and criminal conspiracy by accused individuals, including a former Revenue Minister. Following his complaint, FIRs were registered. Dissatisfied with the local police investigation, which filed a negative report in one case, he approached the Rajasthan High Court seeking transfer of the probe to the CBI. His initial writ petition was dismissed as withdrawn in October 2024.Subsequently, he filed a fresh petition under Section 482 CrPC with identical prayers. In January 2025, the High Court disposed of this petition, merely granting him liberty to make a representation to the Superintendent of Police. However, days later, upon an application by the complainant, the same Judge recalled the January order, calling it a “clerical mistake,” and later transferred the investigation to the CBI in February 2025.The State of Rajasthan challenged these orders before the Supreme Court, arguing that the High Court had no power to review its own final order. The Supreme Court agreed, quashing the recall and transfer orders, holding that the inherent powers under Section 482 CrPC cannot be used to override the statutory bar against review.
Procedural History:
The procedural history began with the complainant’s unsuccessful writ petition before the Rajasthan High Court, which was dismissed as withdrawn in October 2024. He then filed a petition under Section 482 CrPC (Section 528 BNSS) with the same prayers. In January 2025, the High Court disposed of this petition, directing him to approach the Superintendent of Police via a representation. Subsequently, the complainant filed an application for “modification,” leading the same Judge to recall the January order, labelling it a clerical mistake. In February 2025, the High Court allowed the modified petition and transferred the investigation to the CBI. The State of Rajasthan appealed to the Supreme Court, which granted leave and ultimately quashed the High Court’s recall and transfer orders as illegal and without jurisdiction.
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Court Observation:
The Supreme Court made critical observations on the limits of a High Court’s inherent powers. It held that the High Court cannot review or recall its own final order under Section 482 CrPC (Section 528 BNSS), as such a power is expressly barred by Section 362 CrPC, which only permits the correction of clerical or arithmetical errors. The Court found that the order dated January 16, 2025, was a reasoned decision with no clerical mistake, and the subsequent recall and transfer to the CBI constituted an impermissible review disguised as a correction. Furthermore, the Court observed that once a writ petition seeking a specific relief is dismissed, filing a subsequent petition under Section 482 CrPC for the identical relief is not maintainable and amounts to an abuse of the court’s process.
Final Decision & Judgement:
The Supreme Court allowed the State’s appeal and quashed the Rajasthan High Court’s orders dated January 24, 2025, and February 4, 2025. It held that the High Court’s action of recalling its own earlier order and subsequently transferring the investigation to the CBI was a clear exercise of review power, which is expressly prohibited under Section 362 of the CrPC. The Court ruled that the inherent powers under Section 482 CrPC cannot be invoked to override this statutory bar. Consequently, the original order dated January 16, 2025, was restored. However, the complainant was granted liberty to challenge the earlier orders of October 23, 2024, and January 16, 2025, in accordance with the law.
Case Details:
Case Title: STATE OF RAJASTHAN vs. PARMESHWAR RAMLAL JOSHI AND OTHERS Citation: 2025 INSC 1205 Criminal Appeal No: (Arising out of SLP (Cri.) No(s). 2797-2798 of 2025) Date of Judgement: October 08, 2025 Judges/Justices Name: Justice Vikram Nath & Justice Sandeep Mehta
Download The Judgement Here