KUSHALBHAI RATANBHAI ROHIT & ORS. versus THE STATE OF GUJARAT

KUSHALBHAI RATANBHAI ROHIT & ORS. versus THE STATE OF GUJARAT

It is permissible for the High Court to recall and alter an order dictated in open court so long as it is not signed and sealed; Section 362 CrPC only prohibits recall after judgment is pronounced and signed. The procedure adopted by the High Court is not objectionable.

Parties
Petitioner: Kushalbhai Ratanbhai Rohit & Ors.; Respondent: The State of Gujarat
Jurisdiction
India
Judgment Date
06 May 2014
Procedural Posture
Special Leave Petition (criminal) / Order on Interim Recall by High Court Appealed to Supreme Court
Outcome
Petition dismissed
Legal Topics
Recalling Judgment Before Signing and Sealing, Section 362 Cr PC Embargo on Recall, Sanction Under Section 197 Cr PC, Police Constables' Liability, Procedure in Criminal Appeals
Criminal Law Recalling Judgment Before Signing and Sealing Section 362 Cr PC Embargo on Recall Sanction Under Section 197 Cr PC Police Constables' Liability Procedure in Criminal Appeals

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Parties

Kushalbhai Ratanbhai Rohit & Ors.

Petitioner

The State of Gujarat

Respondent

Procedural Posture

Special Leave Petition (criminal) / Order on Interim Recall by High Court Appealed to Supreme Court

Legal Issues

  1. 1 Whether the High Court could recall its judgment after dictation but before signing and sealing
  2. 2 Applicability of Section 362 CrPC to recalling judgments not yet signed
  3. 3 Requirement of sanction under Section 197 CrPC for prosecution of police constables

Ratio Decidendi

It is permissible for the High Court to recall and alter an order dictated in open court so long as it is not signed and sealed; Section 362 CrPC only prohibits recall after judgment is pronounced and signed. The procedure adopted by the High Court is not objectionable.

Court Disposition

Petition dismissed

Orders

  • No exception can be taken to the procedure adopted by the High Court
  • Special Leave Petition dismissed