SC Quashes Rajasthan HC Order for CBI Probe Against Ex-Minister Ramlal Jat, Says Criminal Courts Cannot Recall or Review Orders

The Supreme Court on October 8, 2025, set aside a Rajasthan High Court order that had transferred the investigation into cheating and criminal intimidation allegations against former Rajasthan Revenue Minister and Congress leader Ramlal Jat to the Central Bureau of Investigation (CBI).

A Bench of Justices Vikram Nath and Sandeep Mehta allowed an appeal filed by the State of Rajasthan, holding that the High Court exceeded its jurisdiction by recalling its earlier order and directing a CBI probe. The Court ruled that a criminal court has no power to recall or review its own judgment except to correct clerical or typographical errors under Section 403 BNSS (Section 362 CrPC).

Background

The case arose from a complaint filed by a miner alleging cheating and criminal intimidation by Ramlal Jat, then a minister in the Ashok Gehlot-led Congress government, and others. The complainant initially moved the High Court seeking a CBI probe, alleging that the investigation was being influenced by the accused and that senior police officials were attempting to protect them.

On October 23, 2024, the High Court declined to order a CBI probe, leading the complainant to withdraw the petition. A fresh plea was later filed under Section 528 BNSS (482 CrPC) with similar prayers. On January 16, 2025, the High Court directed the police to conduct a fair investigation and allowed the complainant to make a representation before the Superintendent of Police.

Within days, a miscellaneous application was filed, stating that the earlier order contained a clerical error. On February 4, 2025, the High Court recalled its January 16 order and transferred the investigation to the CBI.

Supreme Court’s Findings

The Supreme Court held that the High Court’s February order was legally unsustainable, as there was no clerical or typographical mistake in the earlier order to justify its recall.

“It is amply clear that in passing the order dated 4 February 2025, the High Court virtually reviewed its own order dated 16 January 2025,” the Bench said.

The Court reiterated that the law is well-settled that a criminal court cannot recall or review its own final orders. It stated that the January 16, 2025 order did not suffer from any clerical or manifest error and therefore could not be reopened.

Arguments

Solicitor General Tushar Mehta, assisted by AAG Shiv Mangal Sharma, appearing for the Rajasthan government, argued that the High Court’s order was unsustainable in law as it effectively reviewed its earlier final order.

Senior Advocate Siddharth Dave, representing the complainant, supported the High Court’s decision, asserting that the investigation was being influenced by the accused, including Ramlal Jat, who was a minister in the erstwhile Congress government.

Court’s Conclusion

The Court observed that the High Court’s reasoning for recalling its previous order, that it contained a clerical mistake, was erroneous on the face of the record. It said the only remedy available to the complainant would be to challenge the previous orders as per law.

“There was no apparent or manifest error, what to say of clerical error, in the said order which could justify recalling or modification,” the Bench said.

Allowing the State’s appeal, the Supreme Court quashed the High Court’s February 4, 2025 order transferring the probe to the CBI. The complainant was given liberty to pursue appropriate legal remedies against the earlier orders dated October 23, 2024, and January 16, 2025.

The ruling effectively nullifies the CBI probe initiated against Ramlal Jat, a senior Congress leader from Bhilwara, who had served as Revenue Minister in the previous state government.

Case Title: State of Rajasthan v. Parmeshwar Ramlal Joshi and Others

Bench: Justices Vikram Nath and Sandeep Mehta

Date of Judgment: 8 October 2025