SHIV POOJAN UPADHYAY Vs. STATE OF U.P.

JUDGEMENT

(1.) This is an application for recall of the order dated 4.8.2018 by which the earlier application under section 482, Cr.P.C. had been decided on merits in the following terms:

(2.) Learned counsel for the applicant has also relied upon another decision reported in 2006 (7) SCC 296 to contend that the inherent power under section 482, Cr.P.C. can also be exercised by this Court even while considering the application for recall of the order.

(3.) Learned A.G.A. on the other hand has relied upon a decision of the Supreme Court reported in AIR 2017 SC 310, especially paragraphs 13 and 14 thereof, to contend that even the exercise of inherent power to recall an order passed on merits by taking recourse to section 482, Cr.P.C. was impermissible in view of section 362, Cr.P.C., as inherent power cannot be exercised when the Code of Criminal Procedure specifically prohibits it. He has also relied upon a Single Judge Bench decision of this Court reported in 2014 (84) ACC 45, Hari Prakash v. State of U.P., wherein also same view had been taken relying upon various Supreme Court decisions. He also relied upon a recent decision of the Supreme Court reported in 2018 (3) JIC 17, Mohammad Zakir v. shabana and ors., to contend that the power under section 362, Cr.P.C. could be exercised only for correction of a Clerical or Arithmetical error, and not for a correction on merits.