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2025 Supreme(Online)(Guj) 7893

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HASMUKH D. SUTHAR, J
MANABHAI DHULABHAI VANKAR & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11049 of 2025



Advocates:
For the Appellants/Petitioners: ANAND S TAILOR
For the Respondents: MR HARDIK MEHTA, APP

The court upheld that a note for speaking to minutes is limited to typographical corrections, not for substantive changes.

Headnote:The statute governing quashing applications was discussed with regard to correcting typographical errors as seen in the prior ruling. The facts reveal that petitioners sought to withdraw the application, thus preserving their right to file another. The court found that the petitioner's request did not fit the permissible corrections under existing law. In accordance with the findings, the plea to amend was dismissed verbatim.

ORAL ORDER

Present note for speaking to minutes is filed stating that the learned Advocate for the petitioners had mentioned that the petitioners wish to withdraw the petition “with liberty to file a fresh quashing petition” but the same does not reflect in the order dated 05.08.2025, hence, requested to pass appropriate order by incorporating necessary corrections.

Perusing the order dated 05.08.2025 in Special Criminal Application No.11049 of 2025, it appears that the petitioners are granted liberty to file appropriate proceedings before the appropriate forum.

In view of judgment of Hon’ble Supreme Court in the case of Raghunath Sharma Vs. State of Haryana reported in 2025 INSC 723, and in case of Akhil Bhartvarshiya Marwari Agarwal Jatiya Kosh & Ors., Vs. Brijlal Tibrewal & Ors., reported in 2019 2 SCC 684, a note for speaking to Minutes is required to be entertained only for the limited purpose of correcting a typographical error or an error through oversight, which may have crept in while transcribing the original order. A note for speaking to Minutes cannot be considered at par with an application for clarification / modification of an order. In view of above facts, the note dated 07.08.2025 filed by the learned Advocate for the petitioners does not fall within the purview of “note for speaking to minutes”. Accordingly, present note for speaking to minutes is dismissed (HASMUKH D. SUTHAR,J)

NEUTRAL CITATION
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11049 of 2025 ============================================

MANABHAI DHULABHAI VANKAR & ORS.

Versus STATE OF GUJARAT & ANR.

============================================

Appearance:

ANAND S TAILOR(9021) for the Applicant(s) No. 1,2,3,4 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 05/08/2025

ORAL ORDER

Learned Advocate for the petitioners, upon instructions, seeks permission to withdraw present petition with liberty to file appropriate proceedings before the appropriate forum. Permission is granted. Accordingly, present petition stands disposed of as withdrawn.

This Court has not gone into merit of the case.

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