Dal Singar Singh vs State of U.P. Thru. Its Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Dal Singar Singh vs State of U.P. Thru. Its Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Correction of the typographical error in para 6 of the order dated 16.01.2025 (deposit obligation of Rs.90,000/- placed back on opposite party no.2, payable to the petitioner in three equal installments); parties directed to appear before the Mediation Centre on 21.03.2025; case listed on 29.07.2025; correction order to be jointly read with the order dated 16.01.2025; certified copy ordered.

Issue for consideration

Whether para 6 of the order dated 16.01.2025 contains a typographical error whereby the direction to deposit Rs.90,000/- was wrongly attributed to the petitioner instead of opposite party no.2, requiring correction so that opposite party no.2 (the accused) deposits the sum payable to the petitioner/applicant (complainant). +1 more

Court's answer

Para 6 of the order dated 16.01.2025 was wrongly typed due to a typographical error; it should be read as directing opposite party no.2 (the accused) to deposit a sum of Rs.90,000/- before the Mediation and Conciliation Centre of this Court, to be paid to the petitioner (complainant) in three equal installments, and NOT as directing the petitioner to deposit the sum payable to opposite party no.2; accordingly the prayer made in the correction application was allowed.

Ratio / Principle

As the parties missed the earlier mediation date because of the typographical error, the Court directed them to appear before the Mediation Centre on 21.03.2025, listed the case for 29.07.2025, and ordered that this order be jointly read with the order dated 16.01.2025.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 16 — Application U/S 483 No. 30 of 2025, decided by Hon'ble Karunesh Singh Pawar, J. on 27.2.2025. Correction application relating to para 6 of this Court's own order dated 16.01.2025, which due to a typographical error had wrongly typed the direction as 'The petitioner is directed to deposit a sum of Rs.90,000/- ... which shall be paid to the opposite party No.2 in three equal installments'. Counsel for the applicant (complainant Dal Singar Singh) and for opposite party no.2 (the accused) jointly submitted that the money was meant to be deposited by opposite party no.2 and paid to the applicant. The judge allowed the prayer, observing that para 6 should be read as directing opposite party no.2 to deposit Rs.90,000/- before the Mediation and Conciliation Centre, payable to the petitioner in three equal installments, and not the reverse. Since the parties had missed the earlier mediation date owing to the error, they were directed to appear before the Mediation Centre on 21.03.2025 and the case was listed for 29.07.2025; the correction order is to be jointly read with the order dated 16.01.2025 and a certified copy was ordered to be issued. The application stands allowed.

Court No. - 16

Case :- APPLICATION U/S 483 No. - 30 of 2025

Applicant :- Dal Singar Singh Opposite Party :- State Of U.P. Thru. Its Secy. Home Lko. And Another Counsel for Applicant :- Anamika Singh,Garima Rai,Sudha Mishra Counsel for Opposite Party :- G.A.,Brijesh Kumar Pandey,Yogeshwar Sharan Srivastava

Hon'ble Karunesh Singh Pawar,J.

Application (I.A. No.1/2025)

This is an application for correction in the order dated 16.01.2025 passed by this Court.

Heard Ms. Anamika Singh, learned counsel for the applicant, Mr. Yogeshwar Sharan Srivastava, learned counsel for opposite party no.2 and learned A.G.A. for the State.

Learned counsel for the applicant and learned counsel for opposite party no.2 have submitted that money was directed to be deposited by the opposite party no.2 who is an accused and is to be paid to the applicant who is complainant.

Perused the record.

Due to typographical error para 6 of the order dated 16.01.2025, " The petitioner is directed to deposit a sum of Rs.90,000/before the Mediation and Conciliation Centre of this Court which shall be paid to the opposite party No.2 in three equal installments ." has been wrongly typed in place of " The opposite party No.2 is directed to deposit a sum of Rs.90,000/- before the Mediation and Conciliation Centre of this Court which shall be paid to the petitioner in three equal installments. " and therefore, I allow the prayer made in the application with an observation that it should be read as " The opposite party No.2 is directed to deposit a sum of Rs.90,000/- before the Mediation and Conciliation Centre of this Court which shall be paid to the petitioner in three equal installments. ", and not " The petitioner is directed to deposit a sum of Rs.90,000/- before the Mediation and Conciliation Centre of this Court which shall be paid to the opposite party No.2 in three equal installments. ".

It is prayed that due to aforesaid error, the parties could not appear before the mediation center on the date fixed by this

court vide it's earlier order dated 16.01.2025 therefore, any new date may be fixed for appearance before the mediation centre and further listing of the case after three months.

Accordingly, the parties are directed to appear before the Mediation Centre of this Court on 21.03.2025.

List this case on 29.07.2025.

This order shall be jointly read with order dated 16.01.2025 (supra).

In view of aforesaid, the application stands allowed.

Office is directed to issue a certified copy of the order accordingly.

Order Date :- 27.2.2025 Saurabh Yadav/-

Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench