State Of Rajasthan vs. Parmeshwar Ramlal Joshi and Others [2025 INSC 1205]

Criminal Court has no power to recall or review its own judgment

RELEVANT PARAGRAPH

25. Ex facie, we are of the opinion that once S.B. Criminal Writ Petition No. 2244 of 2024 preferred by the complainant with identical prayers had been dismissed as withdrawn, without there being any liberty to approach the High Court again for seeking self-same relief, the subsequent petition could not have been entertained under the garb of exercise of inherent jurisdiction under Section 528 BNSS [Section 482 CrPC]. The attempt so made was nothing but a change in the label of the petition with the substance being the same.

26. Law is well settled by a catena of decisions of this Court that a criminal Court has no power to recall or review its own judgment. The only permissible action is to correct or rectify clerical errors by virtue of Section 403 BNSS [Section 362 CrPC].

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