2026 Supreme(Online)(Guj) 17965
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
P. M. Raval, J
Dilip Lakhdhirbha Hathal – Appellant
Versus
State Of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 12537 of 2026
Advocates:
For the Appellants/Petitioners: Mangal V Gadhavi
For the Respondents: Jay Mehta
Courts possess the inherent authority to rectify clerical or transcription errors in their judicial orders to ensure accuracy and procedural consistency within official records.
Headnote:(A) Practice and Procedure - Note for Speaking to Minutes - Clerical error - Correction of judgment and order - Where an inadvertent error occurs during the transcription of an order, the court maintains the inherent power to rectify such errors to ensure the judicial record correctly reflects the intended order. (Para 1)
Facts of the case:
A note was submitted to the court regarding a transcription error found in a previously passed order. The error involved incorrect references to the date of a judgment and the specific judicial authority mentioned in the text of the original order.
Findings of Court:
The court, upon review of the record and the submitted note, determined that a genuine inadvertent error had occurred during the transcription process and granted the request for correction to align the order with the accurate information.
Issues: Whether the court has the authority to rectify inadvertent transcription errors in a previous order through an application for rectification of minutes.
Ratio Decidendi: The court possesses the inherent authority to correct clerical and transcription mistakes present in its orders to ensure that the court record is accurate and reflects the judicial proceedings correctly.
Result: Note for Speaking to Minutes allowed; fresh writ issued accordingly.
Modification of Order dtd. 04/06/2026 in R/CR.MA/12537/2026
ORAL ORDER
Having gone through the contents of Notes for Speaking to Minutes so also the record, it appears that there are some inadvertent error while transcribing the order dated 04.06.2026. Hence, the present Note for Speaking to Minutes is allowed.
In paragraph:4 of the order dated 03.06.2026, the sentence “…. the judgment and order dated 08.07.2023 passed by the learned Judicial Magistrate First Class, Rajkot in Criminal Case No.22642 of 2021...’ be replaced with“…. the judgment and order dated 25.02.2026 passed by the learned 5th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.3795 of 2024...’. The Note is disposed of. Fresh writ be issued accordingly.
Click Here to Read the rest of this document