Case:- Vikram Bakshi and Ors. vs. R.P. Khosla and Anr.
Citation:- 2025 INSC 1020
Bench:- Chief Justice of India B. R. Gavai, Justice Augustine George Masih
Date:- 20.08.2025
The Supreme Court recently ruled that criminal courts cannot review or recall their judgments except to correct clerical or arithmetical errors.
Important Points:-
- The Hon’ble Supreme Court held that criminal courts cannot recall or review their judgments once signed, except to correct clerical or calculation mistakes under Section 362 Code of Criminal Procedure (CrPC).
- This ruling came while setting aside a Hon’ble Delhi High Court order that had reopened perjury proceedings in a long corporate
- A party in the case sought perjury proceedings. The Hon’ble High Court initially dismissed the plea in 2020 but later recalled its order in 2021, saying the company petition was withdrawn earlier but not disclosed.
- The Hon’ble Supreme Court said proceedings under Section 340 CrPC are criminal in nature, so the Hon’ble High Court could not apply civil procedure review powers.
- The Hon’ble Supreme Court restored the Hon’ble High Court’s 2020 order of dismissal of the perjury plea and struck down its 2021 recall order, stressing that finality of criminal proceedings cannot be undermined.
- The Hon’ble Supreme Court also listed rare exceptions where judgments can be altered such as in cases like fraud, lack of jurisdiction, denial of hearing, or express statutory powers.
