RAMYASH @ LAL BAHADUR versus THE STATE OF UTTAR PRADESH AND ANOTHER ETC. ETC

RAMYASH @ LAL BAHADUR versus THE STATE OF UTTAR PRADESH AND ANOTHER ETC. ETC

The High Court exceeded its jurisdiction under Section 362 Cr.P.C. by materially altering its earlier signed judgment and final order (dated 21 May 2018) beyond correcting a clerical or arithmetical error; conversion of convictions from Section 302 IPC to Section 304 Part II IPC was not a permissible clerical correction and the impugned correction order dated 8 February 2019 was quashed and set aside.

Parties
Appellant/complainant: Ramyash @ Lal Bahadur; Respondent: The State of Uttar Pradesh and Another
Jurisdiction
India
Judgment Date
23 April 2025
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Order on Correction Application Under Section 362 Cr.p.c.
Outcome
Criminal Appeal Nos.1153-1155 of 2021 allowed; Criminal Appeal No.1175 of 2021 dismissed; impugned High Court judgment and order dated 8 February 2019 quashed and set aside in part.
Legal Topics
Section 362 Cr PC, Correction Application, Clerical or Arithmetical Error, Conviction Under Section 302 IPC, Conversion to Section 304 Part II IPC, Review of Judgment, Sentence Reduction
Criminal Law Criminal Procedure Section 362 Cr PC Correction Application Clerical or Arithmetical Error Conviction Under Section 302 IPC Conversion to Section 304 Part II IPC Review of Judgment +1 more

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Parties

Ramyash @ Lal Bahadur

Appellant/complainant

The State of Uttar Pradesh and Another

Respondent

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Order on Correction Application Under Section 362 Cr.p.c.

Legal Issues

  1. 1 Whether the High Court erred in allowing a Correction Application under Section 362 Cr.P.C. to modify its earlier judgment and convert convictions under Section 302 IPC into convictions under Section 304 Part II IPC
  2. 2 Whether the modification effected by the High Court amounted to alteration/review of a signed judgment beyond correcting a clerical or arithmetical error

Ratio Decidendi

The High Court exceeded its jurisdiction under Section 362 Cr.P.C. by materially altering its earlier signed judgment and final order (dated 21 May 2018) beyond correcting a clerical or arithmetical error; conversion of convictions from Section 302 IPC to Section 304 Part II IPC was not a permissible clerical correction and the impugned correction order dated 8 February 2019 was quashed and set aside.

Court Disposition

Criminal Appeal Nos.1153-1155 of 2021 allowed; Criminal Appeal No.1175 of 2021 dismissed; impugned High Court judgment and order dated 8 February 2019 quashed and set aside in part.

Orders

  • Criminal Appeal Nos.1153-1155 of 2021 are allowed
  • Criminal Appeal No.1175 of 2021 is dismissed