Jagdish Godara v. State of Rajasthan - S.482 CrPC - Recall/Review
Code of Criminal Procedure 1973 - Section 482 [Section 528 BNSS] - High Court becomes functus officio when it dismissed the original petition under Section 482 CrPC- It does not have any power or jurisdiction to entertain an application seeking review/recall of the said order- The said application cannot be considered to be a fresh case by the High Court. (Para 25)
Case Info
Case Name and Neutral Citation
- Case Name: Jagdish Godara v. State of Rajasthan & Anr.
Coram
- Hon’ble Mrs. Justice B.V. Nagarathna
- Hon’ble Mr. Justice R. Mahadevan
Judgment Date
- 16 September 2025
Statutes/Laws Referred
- Indian Penal Code, 1860 (IPC):
- Section 365 (Kidnapping or abducting with intent secretly and wrongfully to confine person)
- Section 342 (Punishment for wrongful confinement)
- Section 376(2)(n) (Rape—repeated rape)
- Section 376-D (Gang rape)
- Section 384 (Punishment for extortion)
- Code of Criminal Procedure, 1973 (CrPC):
- Section 482 (Saving of inherent powers of High Court)
- Section 438 (Direction for grant of bail to person apprehending arrest—anticipatory bail)
- Protection of Children from Sexual Offences Act, 2012 (POCSO Act):
- Sections 3, 4, 5, and 6 (relating to sexual offences against children)
#SupremeCourt holds that High Court becomes functus officio when it dismisses petition under Section 482 CrPC. Thereafter, it does not have any power or jurisdiction to entertain an application seeking review/recall of the said order. https://t.co/mEGn2ZawFl pic.twitter.com/zgpJjOhFGn
— CiteCase 🇮🇳 (@CiteCase) September 26, 2025