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Patently erroneous orders can only be corrected by due process of law and not through Section 362 of Crpc

In MOHAMMED ZAKIR vs SHABANA & ORS., the appellant is aggrieved since the High Court passed an order under Section 362 Cr.P.C. dated 28.04.2017 recalling its own order dated 18.04.2017.

The High Court in its order decided that notwithstanding section 362 of Cr.P.C., the order rendered by this Court earlier on 18.04.2017 is found to be patently erroneous and therefore the order is withdrawn. The petition is restored to file and the registry is directed not to webhost the order passed earlier and to take note of the fact that the order is withdrawn.

The Supreme Court  setting aside the order decided that the High Court should not have exercised the power under Section 362 Cr.P.C. for a correction on merits. However patently erroneous the earlier order  be, it can only be corrected in the process known to law and not under Section 362 Cr.P.C. The whole purpose of Section 362 Cr.P.C. is only to correct a clerical or arithmetical error. What the High Court sought to do in the impugned order is not to correct a clerical or arithmetical error; it sought to re-hear the matter on merits, since, according to the learned Judge, the earlier order was patently erroneous. That is impermissible under law.


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