Section 482 CrPC: High Court cannot recall its earlier order [Read the Order]

A bench of Justice Shantanagoudar and Justice Bose in the case titled HARDEV SINGH vs HARPREET KAUR & ORS. on 07.11.2019 has held that a High Court cannot recall its earlier order.

While dealing with the issue of marriage and protection to a couple, the Supreme Court observed and held as under:

"By the impugned order passed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the High Court has recalled its earlier order dated 26.04.2010 giving protection to the Appellant and his wife (Respondent No. 1).... ......

By the aforesaid order dated 26.04.2010, police protection was granted. Subsequently, the couple filed a contempt petition, which was disposed of by the High Court vide order dated 18.5.2010, based on an assurance given by the police that no harm would visit the petitioners at the behest of Respondent No. 1’s family members.........

However, subsequently, upon application made by the father of Respondent No. 1, the High Court vide the impugned order dated 26.11.2010 recalled the protection order dated 26.04.2010, and directed registration of an FIR for criminal offence under Section 9 of the Prohibition of Child Marriage Act, 2006 (‘2006 Act’) against the Appellant...........

 Having gone through the material on record and having heard learned counsel for the parties, we are of the considered opinion that:

a) The High Court could not have recalled its earlier order under Section 482, Cr.P.C, inasmuch as there is no provision for recalling or reviewing an order passed by it in criminal matters.

(b) The order that was set aside was only a protection order and there was no exceptional circumstance calling for an exercise of the High Court’s inherent powers.

(c) The High Court was not justified in directing initiation of criminal proceedings against the Appellant under Section 9 of the 2006 Act".

Read the Order here: