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Supreme Court of India 2025-10-08 allowed

STATE OF RAJASTHAN vs PARMESHWAR RAMLAL JOSHI AND OTHERS vs. PARMESHWAR RAMLAL JOSHI AND OTHERS

Bench: 2 — Vikram Nath, Sandeep Mehta

In Brief

A granite mining business owner in Rajasthan filed FIRs alleging harassment and threats from a former State Minister and others, but police filed a negative report. The complainant sought CBI investigation via a writ petition, which was dismissed as withdrawn. He then filed an identical petition under Section 482 CrPC, which the High Court initially rejected but later recalled, claiming clerical error, and ordered CBI investigation. The Supreme Court held that the High Court cannot review its own reasoned orders absent genuine clerical error, and re-filing identical petitions under different statutory provisions is impermissible. The Court quashed the CBI transfer order but granted liberty to challenge the earlier dismissal orders through appropriate remedies.

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Criminal Procedure High Court Jurisdiction Inherent Powers Recall and Review of Orders Transfer of Investigation

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