Vishnu Agarwal vs State Of U.P. & Anr

The Supreme Court upheld the Allahabad High Court's decision to recall its order dated 2.9.2003, emphasizing that Section 362 of the Code of Criminal Procedure does not rigidly bar such recall when it serves the ends of justice. The Court distinguished between a recall and a review, stating that a recall does not assess the merits but simply rectifies procedural oversights. The Court found that the High Court's action was justified given the circumstances of non-appearance due to clerical error, thus allowing for a fresh hearing of the case.