Supreme Court of India

Hari Singh Mann v Harbhajan Singh Bajwa

(2001) 1 SCC 16920001 min read
The case in brief30-second read
Facts
After the High Court finally disposed of a petition under S.482 CrPC, a fresh application was filed and the High Court passed a further order in the same matter.
Issue
Whether a criminal court, including the High Court, can review or alter its final order.
Held
S.362 CrPC bars any court from altering or reviewing its judgment or final order after signing it, except to correct clerical or arithmetical errors. The court becomes functus officio, and inherent powers under S.482 cannot be used to get around the bar.
Principle
A criminal court cannot review its own final order; inherent powers cannot override S.362 CrPC (now S.403 BNSS).
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Facts

  • After the High Court finally disposed of a petition under S.482 CrPC, a fresh application was filed and the High Court passed a further order in the same matter.

Issue

  1. Whether a criminal court, including the High Court, can review or alter its final order.

Held

  • S.362 CrPC bars any court from altering or reviewing its judgment or final order after signing it, except to correct clerical or arithmetical errors. The court becomes functus officio, and inherent powers under S.482 cannot be used to get around the bar.

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Citation

Hari Singh Mann v Harbhajan Singh Bajwa (2001) 1 SCC 169

Reported: https://indiankanoon.org/doc/1474198/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.