TaxTMI 
TaxTMI 
2017 (1) TMI 1777
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.... may be pleased to quash and set aside the FIR being II C. R. No.3575 of 2015, dated 09.11.2015 for alleged offences punishable under section 5 and 6 of the The Child Marriage Restrain ACT rgrd with Vatva Police Station, Ahmedabad in the interest of justice. (C ) Pending admission and final disposal, be pleased to stay further proceedings/inquiry in FIR being II C.R. No.3757/2015, dated 09.11.2015 for alleged offences punishable under section 5 and 6 of the The Child Marriage Restrain Act rgrd with Vatva Police Station, Ahmedabad in the interest of justice. (D) Your Lordships may be pleased to grant such other and further relief/s that may deem, fit and proper. 3. The main matter was notified for admission on 07.11.2016. 4. Ms. Van....
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....es referred to above, the learned APP prays that there being no merit in this application, the same be rejected. 9. The learned APP would submit that although the main matter was a writ application under Article 226 of the Constitution of India, yet the provisions of the criminal procedure code as regards the power of the Court to alter the judgment as embodied under section 362 of the Cr.P.C. would apply or at least the principle analogous to the same would also apply. 10. Having heard the learned counsel appearing for the parties and having considered the materials on record, the only question that falls for my consideration is whether the applicants are entitled to the reliefs prayed for in this application.. 11. Ordinarily, the....
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....l petition the Court does not go into the merits but simply recalls an order which was passed without giving an opportunity of hearing to an affected party. We are treating this petition under Article 32 as a recall petition because the order passed in the decision in All Bengal Licensees Association. Vs. Raghabendra Singth & Ors. [2007(11) SCC 374] cancelling certain licences was passed without giving opportunity of hearing to the persons who had been granted licences." 14. In the case of State of Punjab vs. Davinder Pal Singh Bhullar, 2012 AIR SCW, the Supreme Court, inter alia, observed as under; Para 27 ... If a judgment has been pronounced without jurisdiction or in violation of principles of natural justice or where the order has b....
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....Ors. vs. State of U.P., AIR 1954 SC 194 observing as under: "Now up to the moment the judgment is delivered Judges have the right to change their mind. There is a sort of locus paenitentiae and indeed last minute alterations often do occur. Therefore, however much a draft judgment may have been signed beforehand, it is nothing but a draft till formally delivered as the judgment of the Court. Only then does it crystallise into a full fledged judgment and become operative. It follows that the Judge who "delivers" the judgment, or causes it to be delivered by a brother Judge, must be in existence as a member of the Court at the moment of delivery so that he can, if necessary, stop delivery and say that he has changed his mind. There is no need....
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....concerned with the same so far as the case on hand is concerned, but since the issue has been raised, I may refer to few decisions of the Supreme Court in this regard. 17. In the case of S.P. Chengalvarau vs. Jagannath, (1994) 1 SCC 1, the Supreme Court had the occasion to explain the doctrine of fraud. Allowing the appeal, setting aside the judgment of the High Court and describing the observations of the High Court as wholly perverse, Kuldip Singh, J., stated; The courts of law are meant for imparting justice between the parties. One who comes to the court, must come with clean-hands. We are constrained to say that more often than not, process of the court is being abused. Property-grabbers, tax- evaders, bank loan- dodgers and other u....