NDLI: Kushalbhai Ratanbhai Rohit & Ors. Vs. The State of Gujarat

Kushalbhai Ratanbhai Rohit & Ors. Vs. The State of Gujarat

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Kushalbhai Ratanbhai Rohit & Ors. Vs. The State of Gujarat

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Judgments/Orders - Recall of - Change/alteration in judgment before it is signed and sealed
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Judgments/Orders - Recall of - Change/alteration in judgment before it is signed and sealed - Permissibility - Criminal case against petitioner-police constables•- Matter came up before High Court in criminal appeal- High Court took the view that sanction of the State Government u/s. 197 CrPC was necessarily required, and in view thereof, the order was dictated in open court allowing the appeal on technical D issue - However, subsequently, the .order dictated in open court and acquitting the petitioners was recalled by the court suo moto vide and the appeal directed to be re-heard - Order recalled on the ground that the court wanted to examine the issue further as· to whether in the facts and circumstances of E 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 u/s.197 Cr.P.C. would be attracted - Held: No merit in the submission advanced on behalf 'of the petitioners that once the order had F been dictated in open court, the order to review or recall is not permissible in view of the provisions of s.362 CrPC - s.362 CrPC puts an embargo to call, recall or review anyjudgment or order passed in criminaj case once. it has been pronounced and signed - In the instant case, admittedly, the G 1 order was dictated in the court, but had not been signed - A Judge's responsibility is very heavy, particularly, in a case i where a man's Ide and liberty hang upon his decision nothing , can be left to chance or doubt or conjecture - One cannot, therefore, assume, that the Judge would not have changed his mind before the judgment become final - No exception can be taken to the procedure adopted by the High Court in the instant case - Penal Code, 1860 - s. 222 - Code of Criminal Procedure, 1973 - s.362.
Judge	N/A
Neutral Citation	2014 INSC 366
Petitioner	Kushalbhai Ratanbhai Rohit & Ors.
Respondent	The State Of Gujarat
SCR	[2014] 8 S.C.R. 743
Judgement Date	2014-05-06
Case Number	453

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