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Alterations of Judgement

In State of Kerala vs M M Manikantan Nair , in Supreme Court lays down that section 362 ,Crpc prohibits the Court ,after it has signed it's judgement or final order disposing of a case,from altering or reviewing the said judgement or order except to correct a clerical or arithmetical error.

The facts of the case before the Apex court were,that by the first order,the High court rejected the prayer of the respondents for quashing the criminal proceedings. This order attained it's finality. By the impugned order,the High Court reversed it's earlier order and quashed the criminal proceedings for want of proper sanction.

The Apex Court,on the facts of the above case ,geld that by no stretch of imagination it can be said that by the impugned judgment or order the High Court only corrected any clerical or arithmetical mistake. In fact the impugned order was an order of Review,as the earlier order was reversed, which could not have been done as there is no such provision under the Code of Criminal Procedure, but there was an interdict against it.

The view was further elaborated by the Court in Gulab Chand Upadhyay v State of U.P, held that the arrest was no doubt a part of investigation but the Magistrate can place restrictions upon the power of arrest of police. This question was dealt with ,in para 15, 16 and 17 of the judgement and concluded that this will not amount to interference by the Magistrate in the investigation as during the investigation, the Magistrate has to discharge many functions.

The answer, to the argument of the counsel for the petitioner that will not amount to interference in the investigation,is contained in para 16 of the above judgement in the case of Gulab Chand Upadhayaya s case.

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