Can recall orders passed on technicalities: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, August 5

In an order liable to ensure justice is not impeded by procedural technicalities, the Punjab and Haryana High Court has ruled that orders passed on technical grounds, rather than merits, can be recalled. Justice Anoop Chitkara made it clear that statutory prohibition under Section of the 362 of the CrPC, which prevented altering or reviewing a final order once signed, did not apply to orders that were not adjudicated on merits.

Justice Chitkara, in the process, distinguished between orders passed after applying judicial mind and those dismissed for technical reasons such as non-prosecution or wrong statements. The Bench observed there were two distinct phases of prohibition under Section 362.

If an order and judgment was passed on merits, Section 362 would apply, rendering the court ‘functus officio’. But orders passed on technicalities were not considered orders on merits, and the high court remained within its jurisdiction to recall such orders to prevent abuse of the process of law and secure justice.

Justice Chitkara asserted: "The statutory prohibition under Section 362 certainly implies that when the orders are passed on merits and once the courts have applied their mind and pronounced and signed the judgment, they become functus officio. However, when the matters are not decided on merits, but on technicalities, it would be an altogether different scenario."

The judgment further elaborated on the High Court's powers under Section 482 CrPC. Justice Chitkara was of the opinion that the high court had statutory powers under Section 482 to prevent abuse of the process of any court. Section 482 did not state that the word 'any court' in it would not include the 'high court.' Instead, 'any' must include the high court.

Justice Chitkara added recalling an order was fundamentally different from altering, reviewing, or modifying it. An application filed under Section 482 was for recalling the order and not for altering, reviewing, or modifying it. “Recalling an order does not mean reviewing, altering, or modifying an order. It implies that if the applicant’s prayer is accepted, the order shall cease to exist and operate," the court clarified.