Section 362 bars recall of signed criminal judgments; inherent powers cannot override the statutory prohibition.

A signed criminal judgment or final order cannot be altered, reviewed, or recalled by the same court except to correct a clerical or arithmetical error. Section 362 of the Code applies to the High Court as well, and a request framed as "recall" cannot bypass that express statutory bar because it would in substance efface the earlier decision and result in a fresh adjudication. The inherent power under Section 482 cannot be used inconsistently with Section 362, so it does not provide a general basis to reopen a judgment already signed and disposed of.

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Issues: Whether the High Court could recall or set aside its signed judgment and order in a criminal appeal under Section 362 of the Code of Criminal Procedure, 1973, and whether its inherent power under Section 482 of the Code of Criminal Procedure, 1973 could be invoked for that purpose.

Analysis: Section 362 of the Code imposes a clear prohibition against alteration or review of a signed judgment or final order, except to correct a clerical or arithmetical error. The provision is wide enough to include the High Court, and the prohibition cannot be circumvented by characterising the relief as a recall of judgment. A recall would in substance efface the earlier judgment and result in a fresh decision, which is nothing but an alteration or review barred by the section. The inherent power preserved by Section 482 cannot be used in a manner inconsistent with an express statutory prohibition, and it does not create a general power to recall a judgment already signed and disposed of.

Conclusion: The High Court had no power to recall or set aside its judgment and order dated 6-11-1981, whether under Section 362 or under Section 482 of the Code.

Ratio Decidendi: A signed criminal judgment or final order cannot be recalled or reviewed by the same court except to correct a clerical or arithmetical error, and inherent powers cannot be used to defeat that statutory bar.

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