Section 362 CrPC - The Legal Chamber

Supreme Court Halts Transfer of Investigation to CBI, Calls High Court’s Order Illegal

23Dec

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Halts Transfer of Investigation to CBI, Calls High Court’s Order Illegal

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 seek...

Supreme Court Explains When a Criminal Court Cannot Change Its Own Order :”Functus Officio”

The Supreme Court held that proceedings under Section 340 CrPC are criminal in nature and thus governed by the CrPC. Consequently, a review petition filed under Order XLVII of the CPC is not maintainable. The Court reiterated that Section 362 CrPC bars criminal courts from altering or reviewing their own judgments, except for correcting clerical errors, and the High Court's recall order constituted an impermissible substantive review. Facts Of The Case: The dispute originated between two groups, the Khosla Group and the Bakshi Group, regarding a joint venture to develop a resort in Kasauli. A key point of contention was the validity of the Annual General Meeting (AGM) of their joint venture company, Montreaux Resorts Private Limited (MRPL), held on 30.09.2006. The Bakshi Group relied on ...

Abuse of Legal Process? : Supreme Court Quashes Second Petition , Not Allowed Without New Grounds

The Supreme Court ruled that a second quashing petition under Section 482 CrPC is impermissible if based on grounds available during the first petition, as it effectively amounts to a review barred under Section 362 CrPC. The Court emphasized that inherent powers cannot override statutory prohibitions, preventing abuse of legal process through successive petitions. The judgment reaffirmed that change in circumstances or new grounds must be demonstrated for entertaining subsequent quashing petitions, ensuring judicial discipline and preventing harassment via repetitive litigation. The High Court's order allowing a second petition was set aside, restoring the criminal complaint for trial. Facts Of The Case: The case involves a dispute between the appellant, M.C. Ravikumar, and the respon...