2017 (3) TMI 1771 - SC - Indian Laws

Jurisdiction - power under Section 362 of CrPC - inherent powers of High Court - HELD THAT - Plain reading of these Sections indicate that the prohibition under the Section 362 of CrPC is absolute; after the judgment is signed even the High Court in exercise of its inherent power under Section 482 of CrPC has no authority or jurisdiction to alter/review the same. The inherent power under Section 482 of CrPC was purported to avoid the abuse of the process of the Court and to secure ends of justice. Such power cannot be exercised to do something which is expressly barred under the Code. If any consideration of the facts by way of review is not permissible under the Code and is expressly barred, it is not for the Court to exercise its inherent power to reconsider the matter. Appeal allowed.

Summary

Issues:
1. Legality of the order of the High Court dated 18.05.2016 passed on an application made under Section 482 CrPC.

Analysis:
The Supreme Court was presented with an appeal challenging the judgment and order of the High Court of Judicature at Patna dated 18.05.2016. The High Court had allowed a modification application filed by the respondent against the order dated 25.06.2015 in Criminal revision No. 705 of 2014 and passed a new order reversing the earlier decision. The case involved a matrimonial dispute where the marriage between the parties was annulled, and maintenance was sought by the wife. The High Court's decision was based on an application made under Section 482 of the Code of Criminal Procedure, 1973 (CrPC).

The Supreme Court delved into the provisions of Sections 362 and 482 of the CrPC to analyze the legality of the High Court's order. Section 362 of the CrPC prohibits any alteration or review of a judgment once it has been signed, except for correcting clerical or arithmetical errors. On the other hand, Section 482 of the CrPC deals with the inherent powers of the High Court to make necessary orders to give effect to any order under the Code or to prevent abuse of the court's process. The Court emphasized that the inherent power under Section 482 cannot be used to override the absolute prohibition under Section 362.

The Court highlighted that if a review of facts is not permitted under the Code and is explicitly prohibited, the High Court cannot use its inherent power to reconsider the matter. The purpose of the inherent power is to prevent abuse of the court's process and ensure justice, not to circumvent the statutory provisions. Therefore, the Supreme Court set aside the impugned order passed by the High Court and allowed the appeal in favor of the petitioner. The judgment reaffirmed the importance of adhering to the statutory limitations on altering judgments and the scope of inherent powers of the High Court under the CrPC.