Supreme Court of India · 2018-07-23
Mohammed Zakir vs Shabana
- Citation / case number
- AIRONLINE 2018 SC 426
- Court
- Supreme Court of India
- Petitioner
- Mohammed Zakir
- Respondent
- Shabana
- Author
- Kurian Joseph
- Bench
- Sanjay Kishan Kaul, Kurian Joseph
Judgment text excerpt
The Supreme Court held that the High Court's order under Section 362 Cr.P.C. was impermissible as it attempted to correct a patently erroneous order on merits rather than addressing a clerical or arithmetical error. The Court emphasized that Section 362 is limited to clerical corrections and cannot be used for re-hearing matters. Consequently, the Supreme Court set aside the High Court's order dated 28.04.2017 and directed the Principal City Civil and Sessions Judge, Bengaluru to expedite the pending Criminal Appeal No.95/2017.