Suppression of material fact and failure to surrender after peremptory order leads to recall of judicial order

Suppression of material fact concerning a peremptory higher court surrender direction was relied upon to recall a subsequent judicial order. The High Court concluded that the applicant failed to disclose the apex peremptory order and did not comply with the surrender obligation, and that nondisclosure and noncompliance constituted sufficient grounds under inherent jurisdiction to recall the earlier order; consequently the challenged order was recalled.

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Issues: Whether the petition under Section 482 CrPC to recall the order dated 13/10/2017 in M. Cr. C. No. 6576/2017 is maintainable and whether that order should be recalled on the ground of suppression of a prior peremptory order of the Supreme Court regarding surrender.

Analysis: The Court examined the maintainability of a recall petition under Section 482 CrPC and the factual matrix showing that the respondent in M. Cr. C. No. 6576/2017 had earlier obtained time to surrender from the Supreme Court and was subject to a peremptory direction to surrender within a stipulated period. The Court considered whether the respondent/petitioner in M. Cr. C. No. 6576/2017 had suppressed this material fact and whether such suppression and the failure to surrender rendered the earlier order of this Court unsustainable. The Registry's objection to maintainability was considered and overruled, and the Court addressed the substance of the suppression and non-compliance with the Supreme Court's order as grounds for recalling the earlier direction permitting filing of an appeal.

Conclusion: The petition under Section 482 CrPC is maintainable and is allowed; the order dated 13/10/2017 in M. Cr. C. No. 6576/2017 is recalled and the matter is directed to be listed for hearing in the next week.

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