Kolkata: Deliberating on whether after final disposal of a revisional application the High Court (HC) can recall the said order on grounds that the other party didn’t get a chance of hearing, the Calcutta High Court observed that bar under Section 362 CrPC will not affect the inherent powers of the court to secure ends of justice.
In the matter before the bench of Justice Suvra Ghosh, a revisional application was preferred by the petitioner seeking quashing of an order by an NDPS court. The Special Court judge had dispensed it by issuing notice on the de-facto complainant who was represented by his counsel before the CJM and was also present before the NDPS judge on the relevant date.
Being moved by the petitioner, the HC directed issuance of notice upon the de-facto complainant and had set aside the NDPS judge’s order. Thereafter, an application was filed to recall this HC order on the ground that reasonable opportunity of hearing was not granted to the applicants before passing the said order. The applicants’ contended that by not giving them the chance to be heard, resulted in violation of the ‘audi alteram partem’ (listen to other side) rule of natural justice. Hence, the bar under Section 362 of CrPC cannot operate as a fetter for recalling the order.
Section 362 CrPC states that a court can’t alter or review a judgment or final order once it has been signed, except to correct a clerical or arithmetical error. This is intended to prevent abuse of the process of the court and to secure the ends of justice. The bench observed that the HC being a Court of record in terms of Article 215 of the Constitution, has the jurisdiction to recall its own orders. Further, allowing the revisional application ex-parte without granting a hearing opportunity to the applicants violated natural principles
of justice. The court held under such circumstance, the Section 362 CrPC bar shall not affect the inherent power of HC to recall the order and grant an opportunity of hearing
to the applicants.