Recall of unsigned criminal order valid before final judgment is signed, and Section 362 bar does not apply.

Section 362 of the Code of Criminal Procedure bars review, recall or alteration only after a criminal judgment has been pronounced and signed. A dictated order that has not yet been signed does not attain finality, so it may be recalled before it becomes operative. The High Court was therefore competent to recall the unsigned order and direct rehearing, and the objection based on Section 362 failed.

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Issues: Whether the High Court could recall and rehear an order that had been dictated in open court but had not yet been signed, and whether such recall was barred by Section 362 of the Code of Criminal Procedure, 1973.

Analysis: Section 362 bars review, recall, or alteration of a judgment after it has been pronounced and signed. An order that has only been dictated in court but not signed does not attain finality as a judgment. The Court relied on the principle that until a judgment is formally delivered and signed, the Judge retains the power to change his mind, and no vested bar under Section 362 arises. The recalled order was therefore treated as not having crystallised into a final judgment, and the High Court was competent to direct rehearing.

Conclusion: The recall of the dictated but unsigned order was valid and the objection based on Section 362 was rejected.

Final Conclusion: The petition failed, and the impugned recall and rehearing direction of the High Court was upheld.

Ratio Decidendi: Section 362 of the Code of Criminal Procedure, 1973 bars recall or review only after a criminal judgment has been pronounced and signed; a dictated but unsigned order does not attain finality and may be recalled before it becomes operative.

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