Supreme Court of India
Mohammed Zakir v. Shabana & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
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.95/2017 expeditiously.
Judgment, page 2
From the headnote
Code of Criminal Procedure, 1973 – s.362 – Recalling of the order – High Court recalled its own order, renderin g it patently erroneous – Propriety of – Held: Not proper – The wh ole purpose of s.362 is only to correct a clerical or arithmetical erro r – However, High Court sought to re-hear the matter on merits – That is impermissible under law. Disposing of the appeal, the Court HELD: The High Court should not have exercised the power under Section 362 Cr.P. . for a correction on merits. However patently erroneous the earlier order be, it can o nly be corrected in the process known to law
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