Supreme Court Quashes Rajasthan High Court Orders Transferring Investigation to CBI, Upholds Limits of Section 482 CrPC Inherent Powers

Headnote:

The Supreme Court examined whether the Rajasthan High Court could recall its earlier order and transfer FIR investigations to the CBI under Section 482 CrPC. The Court held that a High Court cannot review or recall its earlier order under the guise of inherent jurisdiction unless a clerical or typographical error exists. Since the complainant sought identical reliefs to those already dismissed in a previous writ petition, the High Court’s orders dated 24th January and 4th February, 2025 were held to be illegal and without jurisdiction. The complainant may, however, pursue legal remedies challenging the prior orders by appropriate means.

Background:

1. The State of Rajasthan appealed against the orders of the Rajasthan High Court dated 24th January and 4th February, 2025 in Criminal Misc. Petitions arising from FIRs lodged by Parmeshwar Ramlal Joshi.
2. FIRs were registered at P.S. Kareda, District Bhilwara, alleging threats, intimidation, and property seizure in relation to granite mining business activities.
3. Initial FIR investigation was completed with a negative report. The complainant filed subsequent petitions under Section 156(3) CrPC seeking transfer of investigation to the CBI.
4. The High Court initially dismissed a writ petition filed by the complainant (Oct 2024) but later recalled its order of January 16, 2025, citing a clerical mistake and transferred the FIR investigations to CBI.

Court’s Opinion / Analysis:

1. The Supreme Court emphasized that the High Court cannot review or recall its prior orders under Section 482 CrPC unless correcting clerical or typographical errors.
2. The initial High Court order (Jan 16, 2025) merely granted the complainant liberty to submit a representation to the Superintendent of Police for fair investigation, which was lawful and did not contain any clerical error.
3. Subsequent petitions by the complainant were essentially a review of earlier dismissed petitions, which is impermissible.
4. Invocation of Section 482 CrPC to transfer the investigation to CBI was illegal as there was no change in circumstances or clerical mistake in the earlier order.
5. The Court referred to precedent establishing that inherent powers cannot override express provisions of the Code of Criminal Procedure.

Legal Provisions Discussed:

1. Section 482, Code of Criminal Procedure, 1973 (Inherent powers of High Court)
2. Section 528, Bharatiya Nagarika Suraksha Sanhita, 2023 [Section 482 CrPC equivalent]
3. Sections 362 & 403 CrPC (correction/rectification of clerical errors)
4. IPC Sections 420, 384, 379, 406, 120B, etc.

Decision:

1. The Supreme Court quashed the High Court orders dated 24th January and 4th February, 2025, holding them to be illegal and without jurisdiction.
2. The complainant retains liberty to challenge earlier orders via proper legal remedies.
3. Appeals were allowed; pending applications were disposed of.

Case Details:

Appeal: Criminal Appeal @ SLP(Crl.) Nos. 2797-2798 of 2025

Special Leave Petitions: 3308-3309/2025 & 3310-3311/2025

Court: Supreme Court of India

Coram: Hon’ble Justice Vikram Nath & Hon’ble Justice Sandeep Mehta

Counsel for Appellant (State of Rajasthan): Shri Tushar Mehta, Solicitor General, assisted by Shri Shiv Mangal Sharma, AAG

Counsel for Respondent (Parmeshwar Ramlal Joshi): Shri Siddharth Dave, Senior Counsel