ThePrint ThePrintPod: Why SC struck down a Rajasthan HC order, saying high courts can’t recall final orders in criminal cases
Oct 10, 2025
A recent Supreme Court ruling clarified that High Courts can't recall final criminal orders, only addressing clerical errors. The decision quashed a Rajasthan HC's call to transfer two cases against Congress leader Ramlal Jat to the CBI, restoring the probe to local police. Allegations of police influence and procedural flaws played a central role in the discussion, as did the distinction between recalling and appealing orders. The ruling underscores the limits of High Court authority in criminal cases, emphasizing the finality of judicial decisions.
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HC Cannot Recall Final Criminal Orders
- The Supreme Court held that a High Court cannot recall its final criminal order to transfer a probe to the CBI.
- This ruling restores the investigation to the Rajasthan police from the CBI in the Ramlal Jutt matter.
Recall Limited To Clerical Errors
- The Supreme Court said recall is only valid to correct clerical or inadvertent errors under BNSS and CrPC.
- The court found the High Court's recall could not be justified as correcting a mere clerical mistake.
Granite Lease Dispute Triggered FIRs
- Complainant Parmeshwal Ramlal Joshi alleged local police were influenced by then minister Ramlal Jutt and sought CBI transfer.
- Two FIRs in Bhilwara arose after disputes over a granite mining lease and alleged threats to seize Joshi's operations.