Supreme Court of India · 2001-04-25
State Of Kerala vs M. M. Manikantan Nair
- Citation / case number
- AIR 2001 SUPREME COURT 2145
- Court
- Supreme Court of India
- Petitioner
- State Of Kerala
- Respondent
- M. M. Manikantan Nair
- Bench
- K.T. Thomas, R.P. Sethi, S.N. Variava
Judgment text excerpt
The Supreme Court held that the High Court's order quashing criminal proceedings against the respondent for lack of proper sanction under Section 122 of the Kerala Panchayat Act was invalid. The Court emphasized that the High Court cannot review its own judgments as per Section 362 of the Criminal Procedure Code, which prohibits altering or reviewing signed judgments except for clerical errors. Consequently, the Supreme Court set aside the High Court's impugned order and reinstated the earlier order dismissing the quashing petition, affirming the necessity of proper sanction for prosecution under the relevant statutes.