(Dhananjaya Y. Chandrachud and Hemant Gupta, JJ.)
Atul Shukla _______________________________________ Appellant;
v.
State of Madhya Pradesh and Another _______________ Respondent(s).
Criminal Appeal No(s). 837 of 2019 [@SLP(Crl.) 1166 of 2019], decided on May 6, 2019
The Order of the court was delivered by
Order
1. Delay condoned.
2. Leave granted.
3. A First Information Report being FIR No. 575/2016 was registered at Police Station Kolgawan, District Satna, Madhya Pradesh for offences under Section 364 and 323 read with Section 34 of the Penal Code. Upon investigation, a charge sheet was filed on 8 September 2016.
4. A petition under Section 482 of the Code of Criminal Procedure 19731 was filed by the second respondent for quashing of the FIR. In the meantime, charges were framed on 24 April 2017. On 20-7-20181, the High Court dismissed the petition under Section 482 in the following terms:—
“Considering the circumstances, this petition under Section 482 of Cr.P.C. has no merit. The petitioner may challenge the framing of charge under appropriate provisions.
With the above observation, this petition is dismissed.”
5. After the above order, the second respondent filed another petition under Section 482 in which the following relief was sought:
“It is therefore, prayed that this Hon’ble Court may kindly review, recall and modify the order dated 20.07.20181 in the interest of justice.”
6. It is on the second petition that the High Court passed its impugned order dated 20 August 20182 allowing the petition and recalling its earlier order dated 20 July 20181.
7. The submission which has been urged on behalf of the appellant is that the High Court could not have entertained the subsequent petition under Section 482 for review or, as the case may be, for modification of its earlier order having regard to the specific bar contained in Section 362 of the CrPC. Section 362 provides as follows:
“Section 362: Court not to alter judgment. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”
8. The State of Madhya Pradesh represented by the learned Standing Counsel has filed a counter affidavit supporting the contention of the appellant.
9. The learned counsel appearing on behalf of the second respondent has urged that in the order dated 20 July 20181, the High Court had recorded the submission that no offence under Section 364 was made out.
10. The High Court while dismissing the petition under Section 482 observed that it would be open to the second respondent to pursue his remedies after framing of the charge. In view of the specific bar which is contained in Section 362, we are of the view that the impugned order2 of the High Court is unsustainable. Such an application for review or modification could not have been entertained.
11. We accordingly, allow the appeal and set aside the impugned judgment and order of the High Court dated 20 August 2018 in Surendra Singh v. State of M.P.2.
12. Pending application(s), if any, shall stand disposed of.
Petition(s) for Special Leave to Appeal (Crl.) No(s). 1166/2019
Atul Shukla _______________________________________ Petitioner
v.
The State of Madhya Pradesh & Anr _________________ Respondent(s)
Date : 06/05/2019 This petition was called on for hearing today.
(Before Dhananjaya Y. Chandrachud and Hemant Gupta, JJ.)
For Petitioner(s) Mr. Sarvam Ritam Khare, AOR
Ms. Shweta Chaurasia, Adv.
Ms. Meena Sehrawat, Adv.
For Respondent(s) Mr. Sunil Fernandes, AAG
Ms. Nupur Kumar, Adv.
Zeeshan Diwan, Adv.
Ms. Priyansha Indra Sharma, Adv.
Mr. Rahul Kaushik, AOR
Ms. Maheravish Rein, Adv.
Ms. Shamsh Ravish Rein, Adv.
Mr. V.K. Pal, Adv.
Mr. Aldanish Rein, AOR
UPON hearing the counsel the Court made the following
ORDER
13. Delay condoned.
14. Leave granted.
15. The appeal is allowed in terms of the signed order.
16. Pending application(s), if any, shall stand disposed of.
———
1 Surendra Singh v. State of M.P., MCRC No. 6975 of 2017, order dated 20-7-2018 (MP)
2 Surendra Singh v. State of M.P., MCRC No. 29880 of 2018, order dated 20-8-2018 (MP)
