STATE OF RAJASTHAN v. PARMESHWAR RAMLAL JOSHI
Supreme Court of India
2025 INSC 1205
Discusses principles of inherent jurisdiction, review powers, and fairness in investigations.
Legal Discussion:
- Code of Criminal Procedure, 1973: Section 156(3) CrPC was discussed in the context of the respondent-complainant lodging a complaint in the Court of Judicial Magistrate, which was forwarded to the police station under this section, leading to the registration of FIR No. 211 of 2023. The judgment also mentions that the respondent-complainant filed two more applications under Section 156(3) CrPC, which were allowed, leading to the registration of FIR No. 202 of 2024 and FIR No. 234 of 2024. The judgment also refers to Section 482 CrPC (mentioned as Section 528 BNSS [Section 482 CrPC] and Section 403 BNSS [Section 362 CrPC]) regarding the inherent powers of the High Court, stating that the High Court cannot review its own judgment under the guise of exercising inherent power, except to correct clerical errors. The judgment cites Superintendent & Remembrancer of Legal Affairs v. Mohan Singh, (1975) 3 SCC 706, regarding Section 561A (old CrPC) preserving the inherent power of the High Court.
- The Indian Penal Code, 1860: The judgment refers to Sections 406, 420, 384, 379, and 120-B of the IPC, under which FIR No. 211 of 2023 was registered. It also mentions Sections 420, 467, 468, 471, 425, 427, 217, 218, 34, and 120B of IPC in connection with FIR No. 202 of 2024, and Sections 379, 452, 380, and 120B of IPC in connection with FIR No. 234 of 2024.
- Bharatiya Nagarika Suraksha Sanhita, 2023: Section 528 BNSS (referred to as Section 482 CrPC) is discussed in the context of the complainant approaching the High Court again by filing a petition under this section. The judgment notes that the High Court cannot review its earlier orders while exercising jurisdiction under this section. Section 403 BNSS (referred to as Section 362 CrPC) is mentioned as the only permissible action to correct or rectify clerical errors.
- General Principles of Law: The judgment discusses the principle that a criminal court generally does not have the power to recall or review its own judgment, except to correct clerical errors. It emphasizes that the inherent jurisdiction of the High Court cannot be invoked to override the bar of review. The judgment also touches upon the concept of fairness and impartiality in investigations, stating that seeking fair investigation is a fundamental right.
List of Laws: Code of Criminal Procedure, 1973; The Indian Penal Code, 1860; Bharatiya Nagarika Suraksha Sanhita, 2023; General Principles of Law