AIROnline 2025 SC 947

Bharatiya Nagarik Suraksha Sanhita (46 of 2023) , S.528— Recall of order – Powers of High Court – Criminal writ petition seeking transfer of investigation to CBI was dismissed as withdrawn – Subsequent petition filed u/S 528 with identical prayers was dismissed with liberty to make representation to Superintendent of Police – Subsequently, on complainant’s application for “modification” of order, High Court recalled its earlier order citing clerical mistake and transferred investigation to CBI – Observation made in recall order about clerical mistake in earlier order was contrary to record – A criminal Court has no power to recall or review its own judgment except to correct clerical error – In fact, once first petition was dismissed, another petition seeking same relief, styling it to be a petition under Section 528 BNSS could not have been entertained – Orders of recall and transfer of investigation, were quashed, being without jurisdiction.
SBCRMP No. 287/2025, Dt:04-02-2025, (Raj)-ReversedSBCRLMP No. 287/2025, Dt:24-01-2025, (Raj)-ReversedAIR 1990 SC 1605-Relied on

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