Supreme Court of India · 2006-04-12
Minu Kumari And Anr vs The State Of Bihar And Ors
- Citation / case number
- AIR 2006 SUPREME COURT 1937
- Court
- Supreme Court of India
- Petitioner
- Minu Kumari And Anr
- Respondent
- The State Of Bihar And Ors
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court addressed the rejection of a petition under Section 482 of the Code of Criminal Procedure, 1973, concerning the recall of an order by the Chief Judicial Magistrate. The Court held that the learned CJM lacked the power to review or alter his order under Section 362 of the Code, as it constituted a review rather than a correction of clerical errors. The High Court's dismissal of the petition was upheld, affirming that the inherent powers under Section 482 should not be exercised in this context, as the lower court's actions were deemed correct in law.