Raj Narain And Ors. vs The State on 29 October, 1958
4. On the other hand, learned counsel appearing for the State has
opposed the present petition and submitted that the same is wholly
misconceived and not maintainable in view of the express statutory bar
contained under Section 362 of the Code of Criminal Procedure. It is
contended that once a final order has been passed by this Court in exercise of
its jurisdiction under Section 482 Cr.P.C., the Court becomes functus officio
and is not empowered to recall, review or alter the said order except for
correction of clerical or arithmetical errors. It is further submitted that the
order dated 14.02.2019 was passed after due consideration of the entire
material available on record as well as the settled principles of law, and the
same has attained finality. The inherent powers under Section 482 Cr.P.C.,
though wide in amplitude, cannot be invoked in contravention of an express
statutory prohibition, and permitting such a course would amount to
indirectly exercising a power of review which is specifically barred by law.
Learned counsel submits that the reliance placed by the petitioners on the
decision of the Allahabad High Court in Raj Narain (supra) is misplaced and
does not override the clear mandate of Section 362 Cr.P.C. It is, therefore,
prayed that the present petition be dismissed as not maintainable.