Supreme Court clarifies: Orders can be recalled pre-signing, stresses importance of proper intimation

The Supreme Court dismissed the petition challenging the High Court's decision to recall an order in a criminal case before it was signed. The Court held that an order can be recalled or reviewed before being signed, emphasizing that until signed and sealed, a judgment is not final. Regarding the requirement of sanction under Section 197 of the Cr.P.C. for police constables accused of an offense, the Court upheld the High Court's decision to recall the order for further examination, emphasizing the importance of ensuring proper intimation of judgments.

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Issues:
1. Validity of recalling an order in a criminal case before it is signed.
2. Requirement of sanction under Section 197 of the Cr.P.C. for police constables accused of an offense.

Analysis:
1. The petition challenged the High Court's decision to recall an order allowing an appeal on a technical issue before it was signed. The Supreme Court held that Section 362 of the Cr.P.C. does not prohibit the court from recalling or reviewing an order if it has not been signed. Citing the case of Mohan Singh v. King-Emperor, the court emphasized that until a judgment is signed and sealed, it is not final. The court referred to judgments by various High Courts and reiterated that in exceptional circumstances, an order can be recalled and altered before being signed and sealed.

2. The case involved police constables accused of an offense while on duty. The High Court initially allowed the appeal on the basis that sanction under Section 197 of the Cr.P.C. was required. However, the order was later recalled for further examination of whether the offense could be attributed to the performance of their duty. The Supreme Court, referring to previous judgments, emphasized the heavy responsibility of judges in cases affecting life and liberty. Citing the case of Iqbal Ismail Sodawala v. The State of Maharashtra, the court held that a judgment is the final decision of the court and must be properly intimated to the parties. Therefore, the procedure adopted by the High Court in recalling the order for reexamination was deemed valid.

In conclusion, the Supreme Court dismissed the petition, finding it devoid of merit based on the analysis of the issues surrounding the validity of recalling an order in a criminal case and the requirement of sanction under Section 197 of the Cr.P.C. for police constables accused of an offense.

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