Criminal Courts Of District Judiciary Cannot Recall Their Orders: Kerala High Court

The Kerala High Court ruled that criminal courts of the district judiciary, including Sessions Courts, Magistrate Courts, and Special Courts, lack inherent powers to recall their earlier orders. This decision came after a Special Court recalled its order to release a petitioner’s passport, which was initially surrendered as a bail condition in an NDPS case. The High Court emphasized that such courts cannot modify or recall their orders without jurisdiction, and even the High Court has limited powers under Section 362 of the CrPC to alter or review its judgments. The court highlighted that an illegal order cannot be corrected by another illegal order, stressing the importance of jurisdictional authority in judicial proceedings.