Recall of Judgment -- Bar under Section 362 CrPC -- Not applicable to orders passed without jurisdiction -- High Court's inherent power to recall such an order, not barred
(i) Code of Criminal Procedure, 1973, S.362, S.482 -- Recall of Judgment -- Bar under Section 362 CrPC -- Not applicable to orders passed without jurisdiction -- The bar against altering or reviewing a judgment does not apply where the order under consideration was passed without jurisdiction, in violation of natural justice, or under a mistake causing prejudice to a party. The High Court's inherent power to recall such an order, being procedural review, remains available notwithstanding this bar, and must be exercised where allowing the order to stand would result in miscarriage of justice. (ii) Indian Penal Code, 1860, S.201 Part II -- Conviction under Section 201 Part II IPC -- Absence of Finding on Underlying Offence -- Conviction unsustainable -- A conviction for causing disappearance of evidence requires a finding that an offence was in fact committed and that the accused caused evidence of it to disappear with intent to screen the offender. In the absence of a finding establishing the underlying offence, a conviction under this provision cannot be sustained.
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