Criminal review barred after final order: civil review provisions cannot be imported into CrPC proceedings

Proceedings under Section 340 CrPC are criminal in nature and governed by the CrPC as a self-contained code. Once a final order is signed, Section 362 CrPC bars alteration or review except to correct a clerical or arithmetical error, or where a different power is expressly conferred by law. A criminal court becomes functus officio after disposal, and that bar cannot be avoided by invoking Section 482 CrPC. Order XLVII CPC is not maintainable in such criminal proceedings, and only a limited recall may be recognised in exceptional cases such as lack of jurisdiction, fraud, or a court error causing prejudice.

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Issues: Whether a review or recall of an order passed in proceedings initiated under Section 340 of the Code of Criminal Procedure, 1973 is permissible, and whether a review under Order XLVII of the Code of Civil Procedure, 1908 could be entertained in such criminal proceedings.

Analysis: Proceedings under Section 340 of the Code of Criminal Procedure, 1973 are criminal in nature and are governed by the CrPC as a self-contained code. Once a judgment or final order is signed, Section 362 of the CrPC bars alteration or review except to correct a clerical or arithmetical error, or where a different power is expressly conferred by law. A criminal court becomes functus officio after disposal, and the bar cannot be bypassed by invoking Section 482 of the CrPC. Only a limited procedural recall is recognised in exceptional circumstances such as lack of jurisdiction, fraud, or a mistake of court causing prejudice, and not a substantive review on merits. The application for review under Order XLVII of the Code of Civil Procedure, 1908 was not maintainable in criminal proceedings under the CrPC. The ground relied upon for recall was available earlier and did not justify reopening the concluded order.

Conclusion: The recall and review of the earlier criminal order was impermissible, and the impugned order could not be sustained. The challenge succeeds in favour of the appellants.

Ratio Decidendi: A final order in criminal proceedings cannot be reviewed or altered except within the narrow statutory exceptions, and a civil-law review mechanism cannot be imported into proceedings governed by the CrPC.

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