Supreme Court: High Courts Cannot Recall or Review Criminal Judgments Except to Correct Accidental Errors

The Supreme Court has clarified that a High Court, while acting as a criminal court, cannot recall or review its judgment under the guise of inherent powers, except to correct accidental errors.

The Court set aside a Rajasthan High Court order that had transferred a mining dispute to the CBI by invoking Section 482 of CrPC.

The Court held that such a recall was beyond the Court’s jurisdiction, as Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023, expressly bars review or recall of final orders.

[State of Rajasthan v Parmeshwar Ramlal Joshi and Ors.]