AJAY SINGH AND ANR. AND ETC.versusSTATE OF CHHATTISGARH AND ANR.

                            [2017] I S.C.R. 286



A                  AJAY SINGH AND ANR. AND ETC.
                                     v.
                STATE OF CHHATTISGARH AND ANR.
                    (Criminal Appeal Nos. 32-33 of2017)
B                           JANUARY 06, 2017
               [DIPAK MISRA AND AMITAVA ROY, JJ.J
          Code of Criminal Procedure, 1973 - Chapter XVII, s.353 -
    Judgment - Trial court, after conclusion of criminal trial, recorded
    in order sheet that accused persons had been acquilled as per
c   iudgment separately typed, signed and dated - Whether such order
    can be treated as judgment of acquittal having been pronounced -
    Held: It is imperative on the trial court to pronounce the judgment
    in open court by delivering whole judgment or by reading out the
    whole judgment or by reading out the operative part of the
D   iudgment - In the present case, judgment was not dictated in open
    court - There was only an incomplete judgment and no page thereof
    was signed by the presiding officer - If the judgment is not complete
    and signed, it cannot be a judgment in terms of s. 353, Cr.P.C. -
    Non-availability ofjudgment can never be a judgment because there
    is no declaration by way of pronouncement in the open court.
E
            Constitution of India - Art. 227 - Administrative power
    under - Scope of - Trial court on conclusion of criminal trial
    recorded that the accused had been acquitted as per judgment
    separately typed, signed and dated - Complaint to High Court
    against the trial judge - On inquiry found that the judgment was
F
    not available on record as the same was not dictated. dated or
    signed - Full court of High Court, in exercise of its administrative
    power treated the trial as pending and transferred the case to another
    court for rehearing and disposal - 'competence of the High Court
    to transfer the' case - Held: Art. 22 7 confers powers of
G   superintendence on the High Court - The High Court has
    iurisdiction and authority to exercise suo motu poll'er - High Court
    was under legal obligation to set aside the order as it had no effect
    in law - High Court by rectifying the grave error has acted in
    furthera111:e of the cause of justice - There is no illegality.

H
                                  286
       AJAY SINGH AND ANR. AND ETC. v. STATE OF                       287
               CHHATTISGARH AND ANR.

      Dismissing the appeals, the Court                               A
      HELD: l.l Though CrPC does not define the term
"judgment", yet it has clearly laid down how the judgment is to
be pronounced. The provisions of Cr.P.C. clearly spell out that it
is imperative on the part of the trial judge to pronounce the
judgment iu open court by delivel'iug the whole of the judgment       B
or by reading out the whole of the judgment or by reading out the
.operative part of the judgment and explaining the substance of
the judgment in a language which is understood by the accused
or his pleader. [Para 16) [297-C-D)
      1.2 In the present case, judgment was not dictated in open       c
court. Cr.P.C. provides reading of the operative part of the
judgment. It means that the trial judge may not read the whole of
the judgment and may read operative part of the judgment but it
does not in any way suggest that the result of the case will be
announced and the judgment would not be available on record.
Non- availability of judgment, can never be a judgment because         D
there is no declaration by way of pronouncement in the open court
that the accused has been convicted or acquitted. A judgment, as
has been always understood, is the expression of an opinion after
due consideration of the facts which deserve to be determined.
Without pronouncement of a judgment in the open court, signed          E
and dated, it is difficult to treat it as a judgment of conviction.
[Para 17] [297-E-1<'1.
       Re. Athipalayan and Ors. AIR 196(; Mad 507 - relied
      on.
       1.3 On inquiry, the High Court in the administrative side       F
had found there was no judgment available on record. In the
counter affidavit filed by the High Court, it has been mentioned
that an incom1>lete typed judgment of 14 pages till paragraph
No. 19 was available. The affidavit also states that it was
incomplete and no page had the signature of ihe presiding officer.     G
If the judgment is not complete and signed, it cannot be a judgment
in terms of Section 353 CrPC. It is unimaginable tha.t a judgment
is pronounced without there being a judgment. It is gross
illegality. · [Para 17) (297-G-H; 298-A-B]

                                                                       H
288           SUPREME COURT REPORTS                      (2017) I S.C.R.



A          Stale of Punjab and others v. Jagdev Singh Talwandi
           [1984) 2 SCR 50 : (1984) 1 SCC 596 ~ followed.
            1.4 In the instant case, the judgment is not available on
      record and hence, there can be no shadow of doubt that the
      declaration of the result cannot tantamount to a judgment as
B     prescribed in the CrPC. That leads to the inevitable conclusion
      that the trial in both the cases has to be treated to be pending.
      Wara 19] [299-C-D]
            2.1 Article 227 of the Constitution confers power of
      superintendence on the High Court over the courts and tribunals
c     within the territory of the State. The High Court has the
      jurisdiction and the authority to exercise suo motu power. [Para
      20) [300-C)
            Achutananda Baidya v. Prafullya Kumar Gayen and
            others [1997) 3 SCR 709 : (1997) 5 SCC 76; Ranbir
D           Yadav y. State of Bihar [1995) 2 SCR 826 : (1995) 4
            sec 392 - relied on.
            2.2 In the present case, the High Court on the
      administrative side had transferred the case to the Sessions Judge
      by which it llas conferred jurisdiction on the trial court which has
E     the jurisdiction to try the sessions case under CrPC. Thus, it
      has done so as it has, as a matter of fact, found that there was no
      judgment on record. There is no illegality. [Para 25) [303-C)
            2.3 The High Court was under legal obligation to set aside
      the order as it had no effect in law. The High Court has correctly
F
      done so as it has the duty to see that sanctity of justice is not
      undermined. The High Court has done so as it has felt that an
      order which is a mere declaration of result without the judgment,
      should be nullified and become extinct. The High Court by
      rectifying the grave error has acted in furtherance of the cause of.
      justice. [Paras 25, 26) [303-D, G)
G
           -A.R.Antulay v. R.S. Nayak and another [1988) l Suppl.
            SCR 1 : (1988) 2 SCC 602; Ouseph Mathai & others
            v. M Abdul Khadir [2001) 5 Suppl. SCR 118 : (2002)
            1 SCC 319; Essen Deinki v. Rajiv Kumar [2002) 3
            Suppl. SCR 499 : (2002) 8 SCC 400; Surya Dev Rai v.
H
            AJAY SINGH AND ANR. AND ETC. v. STATE OF                          289
                    CHHATTISGARH AND ANR.

          Ram Chander Rai and others [2003] 2 Suppl. SCR 290 :                 A
          (2003) 6 SCC 675; P. Vijayan v. State of Kera/a and
          another (2010) 2 SCC 398 : [2010] 2 SCR 78; Smt.
          Sooraj Devi v. Pyare Lal and another (1981) 1 SCC
          500 : [1981] 2 SCR 485 - referred to.
                            Case Law Reference                                 B
    [2001] 5 Suppl. SCR 118          referred to                  Para6
    (2002] 3 Suppl. SCR 499          referred to                  Para6
    [2003] 2 Suppl. SCR 290          referred to                  Para6
    (2010] 2 SCR 78                  referred to                  Para8
    (1981] 2 SCR 485                 referred to                  Para 14
    AIR 1960 Mad 507                 relied on                    Para 17
    (1984] 2 SCR 50                  followed                     Para 17
    (1997] 3 SCR 709                 relied on                    Para 21       D

    [1995] 2 SCR 826                 relied on                    Para 23
    (1988] 1 Suppl. SCR 1            referred to                  Para23
          CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
    Nos. 32-33 of2017.                                                          E
         From the Judgment and Order dated 24.08.2016 of the High Court
    ofChhattisgarh at Bilaspur, in Writ Appeal No 1~4 of2016 and Writ
    Appeal No. 181 of 2016.
           Praveen Chaturvedi, Baij Nath Patel, Ms. J. Chaturvedy, Advs.
                                                                                F
    for the Appellants.
          C. D. Singh, Ms. Sakshi Kakkar, Advs. for the Respondents.
          DIPAKMISRA, J. I. Performance of judicial duty in the manner
    prescribed by law is fundamental to the concept of rule of law in a
    democratic State. It has been quite often said and, rightly so, that the G
    judiciary is the protector and preserver of rule of law. Effective
    functioning of the said sacrosanct duty has been entrusted to the judiciary
    and that entrustment expects the courts to conduct the judicial proceeding ·
    with dignity, objectivity and rationality and finally determine the same in
~   accordance with law. Errors are bound to occur but there cannot be
                                                                                 H



                                                         '   '.
290             SUPREME COURT REPORTS                            [2017] l S.C.R.


A     deliberate peccability which can never be countenanced. The plinth of
      justice dispensation system is founded on the faith, trust and confidence
      of the people and nothing can be allowed to contaminate and corrode
      the same. A litigant who comes to a court of law expects that inherent
      and essential principles of adjudication like adherence to doctrine of audi
      a/teram partem, rules pertaining to fundamental adjective and seminal
B
      substantive law shall be followed and ultimately there shall be a reasoned
      verdict. When the accused faces a charge in a court of law, he expects
      a fair trial. The victim whose grievance and agony have given rise to the
      trial also expects that justice should be done in accordance with law.
      Thus, a fair trial leading to a judgment is necessitous in law and that is
c     the assurance that is thought of on both sides. The exponent on behalf
      of the accused cannot be permitted to command the trial as desired by
      his philosophy of trial on the plea of fair trial and similarly, the proponent
      on behalf of the victim should not always be allowed to ventilate the
      grievance that his cause has not been fairly dealt with in the name of fair
      trial. Therefore, the concept of expediency and fair trial is quite applicable
D
      to the accused as well asfo the victim. The result of such trial is to end
      in a judgment as required to be pronounced in accordance with law.
      And, that is how the stability of the creditability in the institution is
      maintained.
              2. The above prefatory note has relevance, a significant one, to
E     the case at hand. To appreciate the controversy, certain facts are requisite
      to be noted. The marriage between the appellant No. l and Ruby Singh,
      the deceased, was solemnized according to Hindu rites on 22.06.1997.
      She committed suicide at her matrimonial home on 01.12.1998.
      Kameshwar Pratap lodged FIR No. 194/98 at Police Station Lakhanpur,
 F     Distt. Sarguja against Ajay Singh (husband), Sureshwar Singh (father-
       in-law), Dhanwanti Devi (mother-in-law) and Kiran Singh (sister-in-law)
       foroffences punishable under Section 304B, 34 of the Indian Penal Code
       (IPC) and other offences. After the criminal law was set in motion,
       investigating agency after commencement of investigation and after
       completion thereof laid charge sheet under Sections 304B, 498A/34,
G      328 !PC read with Section 3/4 of Dowry Prohibition Act, 1961 against
       the accused persons before the Court of Chief Judicial Magistrate,
       Ambikapur, who, in tum, committed the matter to the Court of Session
      "and eventually the matter was tried by Second Additional Sessions Judge,
       Ambikapur. We are, in the present case, not concerned with how many
H
        AJAY SINGH AND ANR. AND ETC. v. STATE OF                                291
        CHHATTISGARH AND ANR. [DIPAK MISRA, J.]

witnesses were examined by the trial court or how the trial continued.           A
What needs to be stated is thatthe learned trial Judge passed an order in
the order sheet that recorded that the accused persons had been acquitted
as per the judgment separately typed, signed and dated.
        3. A member of the State Bar Council sent a complaint to the
Registry of the High Court ofChhattisgarh, Bilaspur alleging that learned        B
trial judge had acquitted the accused persons but no judgment had been
rendered. The Registrar (Vigilance) of the High Court issued a
memorandum to the District and Sessions Judge, Surguja at Ambikapur
on 18.02.2008 to inquire into the matter and submit a report. The
concerned District and Sessions Judge submitted the report to the High
Court on the same date stating that no judgments were found in the
                                                                                 c
records of such cases. It has also been brought to the notice of the High
Court that in sessions trials being Sessions Trial No. 148 of 1999 and
Sessions Trial No. 71 of\ 995 though the same trial judge had purportedly
delivered the judgments but they were not available on record as the
judgments had not actually been dictated, dated or signed. Thereafter           D
the matter was placed before the Full Court of the High Court on
04.03.2008 on which date a resolution was passed placing the concerned
trial judge under suspension in contemplation of a departmental inquiry.
At the same time, the Full Court took the decision to transfer the cases
in question from the concerned trial judge to the file of District and
Sessions Judge, Surguja at Ambikapur for rehearing and disposal. It is           E
worthy to note here that the concerned officer was put under suspension
and after completion of inquiry was imposed with the punishment of
compulsory retirement on 22.03.201 l. We make it clear that we are not
concerned with the said punishment in the case.
       4. After the decision was taken for transferring the cases by the         F
Full Court for rehearing, three writ petitions forming the subject matter
of Writ Petition (Criminal) Nos. 2796 of2008, 2238 of2008 and 276 of
2010 were filed. The accused in Sessions Trial No. 148of1999 filed
Writ Petition (Criminal) Nos. 2796 of2008 and 2238 of2008 and accused
in Sessions Trial No. 71 of 1995 filed the other writ petition, that is, Writ    G
Petition (Criminal) No. 276 of20 I 0.
       5. The controversy really centers around two issues, namely,
whether the learned trial judge had really pronounced the judgment of
acquittal on 31. I 0.2007 and whether the High Court could have in exercise
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292             SUPREME COURT REPORTS                           (20 I 7] I S.C.R.


A     of its administrative power treated the trial as pending and transferred
      the same from the Court of Second Additional Sessions Judge,Ambikapur
      to the Court of District and Sessions Judge, Surguja at Ambikapur for
      rehearing and disposal.
              6. It is urged by learned counsel for the appellants that the nature
B     of order passed by the learned trial judge would amount to a judgment
      and in the absence of any appeal preferred by the State there could not
      have been a direction for rehearing of the sessions case as such action
      runs contrary to the provisions of CrPC. Learned counsel would submit
      that the· High Court in exercise of power of the superintendence could
      not have transferred the case treating it as pending on its administrative
C     side. To bolster the said submission he has placed reliance on Ouseph
      Mathai & others v. M. Abdul Khadir', Essen Deinki v. Rajiv Kumar'
      and Surya Dev Rai v. Ram Chander Rai and others'.
             7. Mr. C.D. Singh, learned counsel for the State submitted that
      the approach of the High Court is absolutely infallible and does not warrant
D     any interference by this Court.
             8. To appreciate the controversy, it is necessary to refer to the
      order sheet in Sessions Trial No. 71 of 1995. The trialjudge on 28.1.2008
      had passed the following order:-
             "28.1.2008:
E            State represented by Shri Rajesh Tiwari, A.GP.
             Accused along with their Counsel Shri Arvind Mehta, Advocate
             The judgment has been typed separately. The same has been
             dated, signed and announced.
             Resultantly, Accused T.P. Ratre is acquitted of the charge under
 F           Section 306 !PC.
             A copy of this judgment be sent to the District Magistrate, Surguja
             (Ambikapur) through A.GP.
             Proceedings completed.
             The result be noted in the register and the record be sent to the
             Record Room."
G            Be it noted, in the other Sessions Trial, i.e., Sessions Trial No. 148
      of J999 almost similar order has been passed. Be it stated, apart from
      the aforesaid order, as per the enquiry conducted by the learned District
       '(2002) I SCC319
      '(2002) s sec 400
H     '(2003) 6 sec 675
        AJAY SINGH AND ANR. AND ETC. v. STATE OF                                293
        CHHATTISGARH AND ANR. [DIPAK MISRA, J'.)

Judge, there was nothing on record. The trial judge had not dictated the        A
order in open court. In such a situation, it is to be determined whether
the judgment had been delivered by the trial judge or not.
       9. Chapter XVIII of CrPC provides for trial before a court of
session. Section 227 empowers the trial judge to discharge the accused
after hearing the submissions of the accused and the prosecution and on         B
being satisfied that there is no sufficient ground for proceeding against
the accused. The key words of the Section are "not sufficient ground
for proceeding against the accused". Interpreting the said provision, the
Court in P. Vijayan v. State of Kera/a and another has held that the
Judge is not a mere post office to frame the charge at the behest of the
prosecution, but has to exercise his judicial mind to the facts of the case     c
in order to determine whether a case for trial has been made out by the
prosecution. In assessing this fact, it is not necessary for the court to
enter into the pros and cons of the matter or into a weighing and balancing
of evidence and probabilities which is really the function of the court,
after the trial starts. At the stage of Section 227, the Judge lias merely to    D
sift the evidence in order to find out whether or not there is sufficient
ground for proceeding against the accused. In other words, the sufficiency
of ground would take within its fold the nature of the evidence recorded
by the police or the documents produced before the court which ex
facie disclose that there are suspicious circumstances against the accused
                                                                                 E
                    .
so as to frame a charge against him .
        l 0. Section 228 empowers the trial judge to frame the charge.
Section 229 provides ifthe accused pleads guilty, the Judge shall record
the plea and may, in his discretion, convict him thereon. Section 230
provides for date for prosecution evidence. Section 231 deals with the
evidence for prosecution. Section 232 provides that if, after taking the         F
evidence for the prosecution, examining the accused and hearing the
prosecution the defence on the point, the Judge considers that there is
no evidence that the accused committed the offence, the Judge shall
record an orderofacquittal. Section 233 stipulates that where the accused
is not acquitted under Section 232 he shall be called upon to enter on his       G
defence and adduce any evidence he may have in support thereof. Section
234 provides for arguments. Section 235 which provides for judgment of
acquittal or conviction reads as follows:-

'<20IO) 2 sec 398
                                                                                H
294            SUPREME COURT REPORTS                          [201 7] 1 S.C.R.


A           "235. Judgment of acquittal or conviction. - (l) After hearing
            arguments and points oflaw (ifany), the Judge shall give a judgment
            in the case.
            (2) Ifthe accused is convicted, the Judge shall, unless he proceeds
            in accordance with the provisions of section 360, hear the accused
B           on the question of sentence, and then pass sentence on him
            according to law."
             11. Chapter XXIV provides for general provisions as to inquiries
      and trials. Chapter XXVJI deals with the judgment. Section 353 lays
      down the procedure for pronouncement of the judgment. The said
c     provision reads as follows:-
            "353. Judgment -
            ( 1) The judgment in every trial in any Criminal Court of original
            jurisdiction shall be pronounced in open Court by the presiding
            officer immediately after the termination of the trial or at some
            subsequent time of which notice shall be given to the parties or
D
            their pleaders,-
             (a) by delivering the whole ofthc judgment; or
             (b) by reading out the whole of the judgment; or
            (c) by reading out the operative part of the judgment and explaining
             the substance of the judgment in a language which is understood
E            by the accused or his pleader.
             (2) Where the judgment is delivered under clause· (a) of sub-section
             (I), the presiding officer shall cause it to be taken down in short,
             hand, sign the transcript and every page thereof as soon as it is
             made ready, and write on· the d.ate of the delivery of the judgment
             in open Court.
F
             (3) Where the judgment or the operative part thereof is read out
             under clause (b) or clause ( c) of sub- section (I), as the case may
             be, it shall be dated and signed by the presiding officer in open
            •Court, and ifit is not written with his own hand, eve.ry page of the
             judgment shall be signed by him.
G            (4) Where the judgment is pronounced in ti"' 01a1111er specified in
             clause (c) of sub-section ( J), the whole judgment ora copy thereof
             shall be immediately made available for the perusal of the parties
             or their pleaders free of cost.
             (5) If the accused is in custody, he shall be brought up to hear the
             judgment pronounced.
H
        AJAY SINGH AND ANR. AND ETC. v. STATE OF                              295
        CHHATTISGARH AND ANR. [DIPAK MISRA, J.]

     (6) If the accused is not in custody, he shall be required by the        A
     Court to attend to hear the judgment pronounced, except where
     his personal attendance during the trial has been dispensed with
     and the sentence is one of fine only or he is ac_quitted: Provided
     that, where there are more accused than one, and one or more of
     them do not attend the Court on the date on which the judgment is
                                                                              B
     to be pronounced, the presiding officer may, in order to avoid
     undue delay in the disposal of the case, pronounce the judgment
     notwithstanding their absence.
     (7) No judgment delivered by any Criminal Court shall be deemed
     to be invalid by reason only of the absence of any party or his
     pleader on the day or from the place notified for the delivery            c
     thereof, or of any omission to serve, or defect in serving, on the
     parties or their pleaders, or any of them, the notice of such day
     and place.
     (8) Nothing in this section shall be construed to limit in any way
     the extent of the provisions of section 465."
                                                                              D
      12. Section 354 provides for language and contents of the
judgment. The said provision reads as follows:-
     "354. Language and contents of judgment.-
     (!) Except as otherwise expressly provided by this Code, every
     judgment referred to in section 353,-
     (a) shall be written in the language of the Court;                        E
     (b) shall contain the point or points for determination, the decision
     thereon and the reasons for the decision;
     (c) shall specify the offence (if any) of which, and the section of
     the Indian Penal Code (45of1860) or other law under which, the
     accused is convicted and the punishment to which he is sentenced;         F
     (d) if it be a judgment of acquittal, shall state the offence of which
     the accused is acquitted and direct that he be set at liberty.
     (2) When the conviction is under the Indian Penal Code (45 of
      1860 ), and it is doubtful under which of two sections, or under
     which of two parts of the same section, of that Code the offence
     falls, the Court shall distinctly express the same, and pass judgment     G
     in the alternative.
     (3) When the conviction is for an offence punishable with death
     or, in the alternative, with imprisonment for life or imprisonment
      for a term of years, the judgment shall state the reasons for the
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296            SUPREME COURT REPORTS                             [2017] I S.C.R.


A           sentence awarded, and, in the case of sentence of death, the
            special reasons for such sentence.
            (4) When the conviction is for an offence punishable with
            imprisonment for a term of one year or more, but the Court imposes
            a sentence of imprisonment for a term of less than three months,
            it shall record its reasons for awarding such sentence, unless the
B
            sentence is one of imprisonment till the rising of the Court or
            unless the case was tried summarily under the provisions of this
            Code.
            (5) When any person is sentenced to death, the sentence shall
            direct that he be hanged by the neck till he is dead.
c           (6) Every order under section 117 or sub-section (2) of section
            138 and every final order made under section 125, section 145 or
            section 147 shall contain the point or points for determination, the
            decision thereon and the reasons for the decision."
            13. Section 362 has the heading "Court not to alter judgment."
D     The said provision is as follows:-
            "362. Court not to alter judgment. - Save as otherwise provided
            by this Code or by any other law for the time being in force, no
            Court, when it has signed its judgment or final order disposing of
            a case, shall alter or review the same except to correct a clerical
E
            or arithmetical error."
            14. Interpreting the said provision in the context of exercise of
      inherent power of the High Court under Section 482 CrPC this Court in
      Smt. Sooraj Devi v. Pyare Lal and anotller; held thus:-
            "5. The appellant points out that he invoked the inherent power of
F           the High Court saved by Section 482 of the Code and that
            notwithstanding the prohibition imposed by Section 362 the High
            Court had power to grant relief. Now it is well settled that the
            inherent power of the court cannot be exercised for doing that
            which is specifically prohibited by the Code (Sankatha Singh 1(
            State of U.P. 6 ). It is true thatthe prohibition in Section 362 against
G
            the court altering or reviewing its judgment is subject to what is
            "otherwise provided by this Court or by any other law for the time
            being in force". Those words, however, refer to those provisions
            only where the court has been expressly authorised by the Code
      '(1981) 1 sec soo
H     'AIR 1962 SC 1208
        AJAY SINGH AND ANR. AND ETC. v. STArE OF                                297
        CHHATTISGARH AND ANR. [DJPAK MISRA . .l.)

      or other law to alter or review its judgment. The inherent power           A
      ofthe court is not contemplated by the saving provision contained
      in Section 362 and, therefore, the attempt to invoke that power
      can be of no avail."
       We have referred to the aforesaid decision to illustrate that the
CrPC confers absolute sanctity to the judgment once it is pronounced.            B
It does not conceive of any kind of alteration.
       15. Section 363 provides copy of judgment to be given to the
accused and other persons. Section 364 provides for the situation where
the judgment requires to be translated.
       16. It is apposite to note that though CrPC does not define the           c
term "judgment", yet it has clearly laid down how the judgment is to be
pronounced. The provisions clearly spell out that it is imperative on the
part of the learned trial judge to pronounce the judgment in open court
by delivering the whole of the judgment or by reading out the whole of
the judgment or by reading out the operative part of the judgment and            D
explaining the substance of the judgment in a language which is understood
by the accused or his pleader.
        17. We have already noted that the judgment was not dictated in
open court. Code of Criminal Procedure provides reading of the operative
part of the judgment. It means that the trial judge may not read the             E
whole of the judgment and may read operative part of the judgment but
it does not in any way suggest that the result of the case will be announced
and the judgment would not be available on record. Non-availability of
judgment, needless to say, can never be a judgment because there is no
declaration by way of pronouncement in the open court that the accused
has been convicted or acquitted. A judgment, as has been always                  F
understood, is the expression of an opinion after due consideration of the
facts which deserve to be determined. Without pronouncement of a
judgment in the open court, signed and dated, it is difficultto treat it as a
judgment of conviction as has been held in Re. Atliipaf<lyan and Ors'.
As a matter of fact, on inquiry, the High Court in the administrative side       G
had found there was no judgment available on record. Learned counsel
for the appellants wou Id submit that in the counter affidavit filed by the
High Court it has been mentioned that an incomplete typed judgment of
 14 pages till paragraph No. 19 was available. The affidavit also states

 'AIR 1960 Mad 507                                                               H
298             SUPREME COURT REPORTS                            [2017] l S.C.R.


A     that it was incomplete and no page had the signature of the presiding
      officer. Ifthe judgment is not complete and signed, it cannot be a judgment
      in terms of Section 353 CrPC. It is unimaginable that a judgment is
      pronounced without there being a judgment. It is gross illegality. In this
      context, we may refer to a passage from State ofPunjab and others v.
      Jagdev Singh Talwand1~ wherein expressing the opinion for the
B
      Constitution Bench, Chandrachud, CJ. observed thus:-
             "30. We would like to take this opportunity to point out that serious
             difficulties arise on account of the practice increasingly adopted
             by the High Courts, of pronouncing the final order without a
             reasoned judgment. It is desirable that the final order which the
c          . High Court intends to pass should not be announced until a reasoned
             judgment is ready for pronouncement. Suppose, for example, that
             a final order without a reasoned judgment is announced by the
             High Court that a house shall be demolished, or that the custody
             of a child shall be handed over to one parent as against the other,
D            or that a person accused of a serious charge is acquitted, or that
             a statute is unconstitutional or, as in the instant case, that a detenu
             be released from detention. Ifthe object of passing such orders is
             to ensure speedy compliance with them, that object is more often
             defeated by the aggrieved party filing a special leave petition in
             this Court against the order passed by the High Court. That places
E            this Court in a predicament because, without the benefit of the
             reasoning of the High Court, it is difficult forth is Court to allow
             the bare order to be implemented. The result inevitably is that the
             operation of the order passed by the High Court has to be stayed
             pending delivery of the reasoned judgment.
F            3 I. It may be thought that such orders are passed by this Court
             and therefore there is no reason why the High C6urts should not,
             do the same. We would like to point out respectfully that the orders
             passed by this Court are final and no appeal lies against them.
             The Supreme Court is the final court in the hierarchy of our courts.
G            Besides, orders without a reasoned judgment are passed by this
             Court very rarely, under exceptional circumstances. Orders passed
             by the High Court are subject to the appellate jurisdiction of this
             Court under Article 136 of the Constitution and other provisions
             of the concerned statutes. We thought it necessary to make these
      -  ---
      '(1984)1sec596
H
        AJAY SINGH AND ANR. AND ETC. v. STATE OF                               299
        CHHATTISGARH AND ANR. [DIPAK MISRA, J.]

      observations in order that a practice which is not very desirable        A
      and which achieves no useful purpose may not grow out of its
      present infancy."
        I8. We have reproduced the aforesaid two passages as the larger
Bench has made such observations with regard to unreasoned judgments
passed by the High Courts. The learned Chief Justice had noted that the         B
practice is not desirable and does not achieve any useful purpose and it
should not grow out of its present infancy. Despite the said observations,
sometimes this Court comes across judgments and orders where the
High Courts have announced the result of the case by stating "reasons
to follow". We can only reiterate the observations of the Constitution
Bench.                          •                                               c
        19. Having stated that, as is evincible in the instant case, the
judgment is not available on record and hence, there can be no shadow
of doubt that the declaration ofthe result cannot tantamount to a judgment
as prescribed in the CrPC. That leads to the inevitable conclusion that
the trial in both the cases has to be treated to be pending.                    D

       20. The next issue that emerges for consideration is whether the
High Court on its administrative side could have transferred the case
from the Second Additional Sessions Judge, Ambikapur to the c;.ourt of
District and Sessions Judge, Surguja at Ambikapur. In this regard, it is
suffice to understand the jurisdiction and authority conferred under the        E
Constitution on the High Court in the prescription of power of
superintendence under Article 227.Article 227 of the Constitution reads
as follows:-
        "227. Power of superintendence over all courts by the High
        Court:-( I) Every High Court shall have superintendence over all        F
        courts and tribunals throughout the territories in relation to which
        it exercises jurisdiction.
        (2) Without prejudice to the generality ofthe foregoing provisions,
       the High Court may-
       (a) call for returns from such courts;
       (b) make and issue general rules and prescribe forms for regulating      G
       the practice and proceedings of such courts; and
       (c) prescribe forms in which books, entries and accounts shall be
        kept by the officers of any such courts
        (3) The High Court may also settle tables offees to be allowed to
                                                                                H
300               SUPREME COURT REPORTS                          [2017] l S.C.k


A           the sheriff and all clerks and officers of such courts and to
            attorneys, advocates and pleaders practising therein:
                  Provided that any rules made, forms prescribed or tables
            s~ttled under clause (2) or clause (3) shall not be inconsistent
            with the provision of any law for the time being in force, and shall
            require the previous approval of the Governor
B
            (4) Nothing in this article shall be deemed to confer on a High
            Court powers of superintendence over any court or tribunal
            constituted by or under any law relating to the Anned Forces."
            The aforesaid Article confers pov,,er of superintendence on the
      High Court over the courts and tribunals v,,ithin the territory of the State.
c     The High Court has the jurisdiction and the authority to exercise suo
      motu power.
             21. In Ac/1ut11n11nd11 B11idyll v. Pmfullyll Kumllr Gllyen find
      otliers 9 a two-Judge Bench while dealing with the power of
      superintendence of the High Court under Article 227 has opined that the
      power of superintendence of the High Court under Article 227 of the
      Constitution is not confined to administrative superintendence only but
      such power includes within its sweep the power ofjudicial review. The
      power and duty of the High Court under Article 227 is essentially to
      ensure that the courts and tribunals, inferior to High Court, have done
      what they were required to do. Law is well settled by various decisions
E
      of this Court that the High Court can interfere under Article 227 of the
      Constitution in cases of erroneous assumption or acting beyond its
      jurisdiction, refusal to exercise jurisdiction, error oflaw apparent on record
      as distinguished from a mere mistake of law, arbitrary or capricious
      exercise of authority or discretion, a patent error in procedure, arriving
 F    at a finding which is perverse or based on no material, or resulting in
      manifest injustice.
            22. We have already stated that the Division Bench while
      COllCurring with the opinion of the learned single Judge has also quashed
      the order by. the learned trial judge on the ground that there was no
G     judgment on record. There is no dispute about the fact that the Fu II
      Court of the High Court after coming to a definite conclusion that the
      learned trial judge had really not passed any judgment, resolved that the
      matter should be heard by the learned Sessions Judge and accordingly
      the Registrar General of the High Court communicated the decision to

H     '.(1997)   s sec 76
          AJAY SINGH AND ANR. AND ETC. v. STATE OF                                  301
          CHHATTISGARH AND ANR. [DIPAK MISRA, J.]

the concerned learned Sessions Judge. The submission of the learned                  A
counsel for the appellant is that such a power could not have been
exercised by the Full Court on the administrative side, for in exercise of
administrative authority, the High Court cannot transfer the case. The
contention is that High Court can only transfer the case in exercise of
power under Section 407 and that too on the judicial side. Our attention
                                                                                     B
has also been drawn to Section 194 of Cr PC. Section I 94 empowers
the Additional and Assistant Sessions Judges to try cases made over to
them. The said provision reads as follows:-
       "194. Additional and Assistant Sessions Judges to try cases
       made over to them. -An Additional Sessions Judge or Assistant
       Sessions Judge shall try such cases as the Sessions Judge of the
                                                                                     c
       division may, by general or special order, make over to him for
       trial or as the High Court may, by special order, direct him to try."
       23. It is argued that Section I 94 can be exercised on the
administrative side before the commencement of the trial and not
thereafter, whereas Section 407 can be taken recourse to on the judicial             D
side and a case can be transferred on the basis of parameters laid down
for transfer of a criminal trial. In this regard, we may usefully refer to
tl)e authority in Ranbir Yadav v. State ofBilwr' 0 wherein under certain
circumstances the High Court had transferred the sessions trial from
the court of one Additional Sessions Judge to another by an administrative           E
order at a stage when the trial had commenced. It was contended
before this Court that the trial that took place before the transferee
court was wholly without jurisdiction and consequently the conviction
and sentence recorded by that court were null and void and were not
curable under Section 465 CrPC. To sustain the said proposition oflaw,
reliance was placed in A.R. Antu/ay v. R.S. Nayak <mt/ another".                     F
The two-Judge Bench perusing the material on record came to the
conclusion that the order was passed by the High Court in its
administrative jurisdiction. Thereafter, it proceeded to opine thus:-
       "Under Article 227 of the Constitution oflndia every High Court
       has superintendence over all courts and tribunals throughout the              G
       territories in relation to which it exercises jurisdiction and it is trite
       that this power of superintendence entitles the High Court to pass
       orders for administrative exigency and expediency. In the instant
 ,,, ( 1995) 4 sec 392
 II  (1988)2 SCC602                                                                  H
304             SUPREME COURT REPORTS                       [2017] I S.C.R.



A     the grievance of the victim should be comatosed in this manner.
             27. Consequently, appeals are dismissed. The trial court to whom
      the cases have been transferred is directed to proceed in accordance
      with law.
      Kalpana K. Tripathy                                   Appeals dismissed.
B