Supreme Court: High Courts Cannot Recall or Review Orders Passed Under Section 482 CrPC
In a major ruling on criminal procedure, the Supreme Court of India has held that once a High Court dismisses a petition under Section 482 of the Criminal Procedure Code (CrPC), it becomes functus officio — meaning it has no authority to review or recall its own order.
A Bench of Justice B.V. Nagarathna and Justice R. Mahadevan made this observation while setting aside a Rajasthan High Court order that had granted interim protection from arrest to an accused in a rape case through a subsequent “recall application.”
Background
The case arose from an FIR filed in 2022 by Jagdish Godara in Jodhpur Rural, alleging that his sister was abducted and repeatedly raped by three accused over several years. While the charge sheet was filed against one accused, the investigation against the others continued. One of them, whose anticipatory bail had already been denied by the Sessions Court, moved the High Court under Section 482 CrPC seeking to quash the FIR — a plea that was dismissed in February 2025.
However, instead of appealing to the Supreme Court, the accused filed a recall application before the same High Court. In July 2025, the High Court not only entertained this plea but also protected the accused from arrest for 30 days and advised him to seek pre-arrest bail.
Supreme Court’s Findings
The apex court found this action of the High Court to be legally untenable. It emphasized that once a petition under Section 482 CrPC is dismissed, the High Court cannot reopen or review the same order.
> “Having become functus officio when it dismissed the original petition, the High Court had no power or jurisdiction to entertain a recall or review application,” the Bench observed.
The Supreme Court also criticized the High Court for indirectly granting relief — such as advising the accused to seek bail and giving 30 days’ protection — even though it had not recalled its previous order.
Verdict
Setting aside the High Court’s directions, the Supreme Court allowed the complainant’s appeal and quashed the protection from arrest granted to the accused.
At the same time, the Court clarified that the accused is free to seek regular bail or pursue any pending bail applications before the appropriate court, which shall be decided on their own merits and in accordance with law.
This ruling reinforces a key procedural principle — once a court has delivered its final decision under Section 482 CrPC, it cannot revisit or modify that order.
