Kushalbhai Ratanbhai Rohit & Ors. Vs. State of Gujarat
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Head Note
Indian Penal Code,1860 - Section 328 , Section 222 , Section 223 , Section 224 , Section 114 , The Code of Criminal Procedure, 1973 - Section 197 , Section 362
Whether, once the order had been dictated in open court, the order to review or recall is not permissible in criminal case once it has been pronounced and signed - The order had been recalled on the ground that the court wanted to examine the issue further as to whether in the facts and circumstances of the case where the accused had been police constables, the offence could not be attributed to have been committed under the commission of their duty where sanction under Section 197 Cr.P.C. would be attracted - In the instant case, admittedly, the order was dictated in the court, but had not been signed - The Bombay High Court had taken the view that unless the judgment is signed and sealed, it is not a judgment in strict legal sense and therefore, in exceptional circumstances, the order can be recalled and altered to a certain extent - The Allahabad High Court while dealing with the rent control matter, the court came to the conclusion that until a judgment is signed and sealed after delivering in court, it is not a judgment and it can be changed or altered at any time before it is signed and sealed - In Surendra Singh & Ors. v. State of U.P., AIR 1954 SC 194 criminal appeal was heard by the Division Bench of the High Court, the judgment was signed by both of them but it was delivered in court by one of them after the death of the other - It was held that there was no valid judgment and the case should be re-heard - This Court took the view that the judgment is the final decision of the court intimated to the parties and the world at large - In view of the above, no exception can be taken to the procedure adopted by the High Court in the instant case - The petition is devoid of any merit and is accordingly dismissed.
Topic(s)-Criminal Procedure – Recalling of order