Recall of ex parte criminal order is maintainable where it seeks procedural fairness, not substantive review.

The Supreme Court of India held that a High Court may recall its ex parte order passed under Section 482 of the Code of Criminal Procedure, 1973, where the affected party was not heard and the application seeks recall for procedural fairness rather than substantive review. Section 362, which restricts review of criminal judgments, was held not to bar such recall because the application aimed to restore the matter for hearing on merits, not to reopen a concluded decision by substantive reconsideration. The recall application was therefore maintainable, and the order recalling the ex parte decision was upheld.

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Issues: (i) Whether the High Court could recall its ex parte order passed under Section 482 of the Code of Criminal Procedure, 1973, on an application seeking recall and not substantive review.

Issue (i): Whether the High Court could recall its ex parte order passed under Section 482 of the Code of Criminal Procedure, 1973, on an application seeking recall and not substantive review.

Analysis: The order under challenge was passed in the absence of the affected party and on the basis of assertions later disputed as false. The application before the High Court sought recall of that order, which was treated as a procedural review. On that footing, Section 362 of the Code of Criminal Procedure, 1973, which restricts substantive review, was held not to bar recall of an order passed without hearing the respondent. The High Court was therefore justified in restoring the matter for hearing on merits.

Conclusion: The recall application was maintainable, and the High Court's order recalling the ex parte decision was upheld.

Final Conclusion: The challenge to the recall order failed, and the matter was left to proceed before the High Court on merits.

Ratio Decidendi: A recall of an ex parte order to correct procedural unfairness is distinct from a substantive review and is not barred by Section 362 of the Code of Criminal Procedure, 1973.

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