2026 Supreme(Online)(Guj) 11632
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
Amit Ashokbhai Patel – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 6315 of 2013
Advocates:
For the Appellants/Petitioners: BM Mangukiya, Bela A Prajapati
For the Respondents: Ajit S Nair, Public Prosecutor
Courts possess the inherent power to rectify clerical errors or omissions in previously delivered judgments through the procedure of speaking to the minutes, ensuring the final orders accurately reflect the substantive decision and intent of the court.
Headnote:(A) Criminal Procedure - Quashing of criminal proceedings - Correction of judicial order - Speaking to minutes - The court allowed a note for speaking to the minutes to rectify a clerical omission in the operative part of the final judgment to clarify the extent of its application regarding the specific party involved. (Paras 1, 2)
Facts of the case:
A formal request was moved following the pronouncement of a final order to address an inadvertent omission in the operative paragraph of the judgment concerning the specific party for whom the criminal proceedings were to be quashed.
Findings of Court:
The court determined that the request through the note for speaking to the minutes was valid and allowed the modification to ensure clarity and accuracy in the record of the proceedings.
Issues: Whether a court can rectify a clerical omission in a judgment through a speaking to the minutes process to ensure accuracy in the final disposal of proceedings.
Ratio Decidendi: The court maintained that the procedure for speaking to the minutes allows for the correction of typographical or descriptive errors in a judgment to ensure the operative order truly reflects the court's intention and effectively quashes proceedings for the intended party.
Result: Application allowed; corrections ordered to be incorporated into the final writ.
| Table of Content |
|---|
| 1. procedural modification of judgment via speaking to minutes. (Para 1 , 2 , 3) |
ORAL ORDER
1. Considering the averments made in the Note for Speaking to Minutes, the same is hereby allowed.
2. In view thereof, the present applicant is mentioned in para 16 of the judgment dated 20.03.2026, making para 16 read as under:
“16.Resultantly, the present application is allowed. The FIR being C.R. No.1-576 of 2007 registered with Satellite Police Station, Ahmedabad, as well as all consequential proceedings arising therefrom, are hereby quashed and set aside, qua the present applicant Amit Ashokbhai Patel. Rule is made absolute accordingly.”
3. Registry to carry out the necessary corrections in the order and issue a fresh writ of the same. Rest of the order shall remain unaltered.
Click Here to Read the rest of this document
Back
