Case Note & Summary
This judgment pertains to a speaking to the minutes application in Criminal Writ Petition No.480 of 2026. The matter was moved on a praecipe for speaking to the order dated 30th June 2026. It was pointed out that paragraphs 2 and 3, which pertained to the present Criminal Writ Petition, were inadvertently omitted from the order dated 30th June 2026, whereas paragraphs 4 and 5 thereof were inadvertently incorporated in the order passed in Criminal Writ Petition No.479 of 2026. The court noted the error and directed that the following be read as paragraphs 2 and 3 of the order dated 30th June 2026: paragraph 2 records the submission of Mr. Kalpesh Patil, learned counsel for the petitioner, that the petitioner had preferred a Criminal Revision Application challenging the order passed under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, directing registration of the FIR. He submitted that during the pendency of the said Revision Application, the operation of the impugned order was stayed and, therefore, no FIR had been registered pursuant to the said order. He prayed for continuation of the interim stay. Paragraph 3 states that taking into consideration that the interim stay had been operating during the pendency of the Revision Application, the court was inclined to pass the following order. The court further directed that existing paragraph 2 be renumbered as paragraph 4, and the rest of the order remain unaltered. The original order was to be corrected and uploaded accordingly.
Headnote
A) Criminal Procedure - Correction of Clerical Error - Speaking to the Minutes - Inherent Power of Court - The court allowed a praecipe for speaking to the order dated 30th June 2026, noting that paragraphs 2 and 3 were inadvertently omitted from the order in Criminal Writ Petition No.480 of 2026, while paragraphs 4 and 5 were inadvertently incorporated in the order passed in Criminal Writ Petition No.479 of 2026. The court directed that the omitted paragraphs be read as part of the order and the existing paragraph 2 be renumbered as paragraph 4. (Paras 1-5) B) Criminal Procedure - Registration of FIR - Interim Stay - Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 - The petitioner had challenged an order under Section 175(3) BNSS directing registration of FIR. During the pendency of the revision application, the operation of the impugned order was stayed, and no FIR was registered. The court, taking into consideration the interim stay operating during the pendency of the revision, continued the interim stay. (Paras 2-3)
Issue of Consideration
Whether the court can correct an inadvertent omission of paragraphs in its order through a speaking to the minutes application.
Final Decision
The court allowed the speaking to the minutes application and directed that the omitted paragraphs be read as part of the order dated 30th June 2026. The existing paragraph 2 was renumbered as paragraph 4, and the rest of the order remained unaltered. The original order was to be corrected and uploaded accordingly.
Law Points
- Correction of clerical error
- Speaking to the minutes
- Inherent power of court to correct accidental omissions
- Section 175(3) Bharatiya Nagarik Suraksha Sanhita
- 2023
