REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S).926/2018

(ARISING FROM SLP (CRL) NOS. 10102/2017)

MOHAMMED ZAKIR                                     APPELLANT (S)

                               VERSUS

SHABANA & ORS.                                     RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. We have heard the petitioner, who is appearing in

person,  Mr.  Joseph  Aristotle  S.,  learned  counsel

appearing  for Respondent  Nos.1 to  4 and  Mr. Gopal

Sankaranarayanan, learned counsel, who was appointed

as an amicus in this matter.

3. The appellant is aggrieved since the High Court

passed  an  order  under  Section  362  Cr.P.C.  dated

28.04.2017 recalling its own order dated 18.04.2017.

The order dated 28.04.2017 reads as under:-

“Notwithstanding section 362 of Cr.P.C.

the order rendered by this Court earlier on

18.04.2017 is found to be patently erroneous

and therefore the order is withdrawn.  The

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petition is restored to file and the registry

is directed not to webhost the order passed

earlier and to take note of the fact that the

order is withdrawn.”

4. The  High  Court  should  not  have  exercised  the

power under Section 362 Cr.P.C. for a correction on

merits.  However patently erroneous the earlier order

be, it can only be corrected in the process known to

law  and  not  under  Section  362  Cr.P.C.   The  whole

purpose of Section 362 Cr.P.C. is only to correct a

clerical or arithmetical error.  What the High Court

sought to do in the impugned order is not to correct

a clerical or  arithmetical error; it sought to re-

hear the matter on merits, since, according to the

learned  Judge,  the  earlier  order  was  patently

erroneous.   That  is  impermissible  under  law.

Accordingly, we set aside the impugned order dated

28.04.2017.

5. Now that the parties have appeared before us, we

have  ascertained  that  the  appellant  approached  the

High  Court, aggrieved  by the  notice issued  by the

Sessions  Court  on  25.01.2017  in  Criminal  Appeal

No.95/2017.  Since the said appeal is pending before

Principal City Civil and Sessions Judge, Bengaluru,

we do not propose to deal with the matter on merits.

Accordingly, we set aside the order dated 18.04.2017

passed by the High Court and dispose of this appeal

with  a  direction  to  the  Principal  City  Civil  and

Sessions Judge, Bengalure to dispose of the Criminal

Appeal No.95/1997 expeditiously.

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6. Pending  applications,  if  any,  shall  stand

disposed of.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; JULY 23, 2018.

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