Dismissed

Lekha Jibu v. Corporate Chits

Kerala HC6 Jan 2016Crl.MC/48/2016

Case brief

AI extract

What is this about?

The petitioner challenged an order correcting a clerical error regarding the case number in a previously passed order withdrawing a complaint under Section 251 Cr.P.C. The Court held that the error was curable and the impugned order was saved by Section 362 Cr.P.C., dismissing the writ petition as devoid of merits.

What did the court decide?

Application seeking withdrawal of the corrected order was dismissed; the impugned order correcting the clerical error in the case number was upheld.

Lekha Jibu Vs Corporate Chits — Civil Procedure and Limitation | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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Crl.MC.No. 48 of 2016 ()

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CMP.NO.2352/2013 IN CC.NO.1280/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTHAMANGALAM

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PETITIONER/ACCUSED :

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LEKHA JIBU, W/O.MR.JIBU K.S., KUNNATHU HOUSE, NAGANCHERY, KOTTAPPADY P.O., KOTHAMANGALAM.

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BY ADVS.SRI.SHAJI THOMAS SRI.BINU PAUL

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RESPONDENT(S)/COMPLAINANT & STATE :

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1. CORPORATE CHITS, KOTHAMANGALAM, REPRESENTED BY K.A. FRANCIS, KODDNADATHIL HOUSE, KUTHUKUZHI P.O., KOTHAMANGALAM-686 691.

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2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

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R2 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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Crl.MC.No. 48 of 2016 ()

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEX-A1. TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. ANNEX-A2. COPY OF THE PETITION IN CC NO.1280/2013 DATED 1/11/2013. ANNEX-A3. TRUE COPY OF THE ENDORSEMENTS DATED 1/11/2013 IN THE FILES IN CC.NO.1280/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOTHAMANGALAM. ANNEX-A4. CERTIFIED COPY OF THE ORDER DATED 5/10/2015 IN CMP. NO.2352/2013 IN CC NO.1280/2013 IN JFCMC, KOTHAMANGALAM.

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RESPONDENT(S)' ANNEXURES:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

B. KEMAL PASHA, J.

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Crl.M.C. No.48 of 2016

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Dated this the 6^th day of January, 2016

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~ ~ ~ ~ ~ ~

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An application seeking withdrawal of a complaint

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under Section 251 Cr.P.C. was filed before the court below

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by the de facto complainant by showing a different case number than the original case number. It is a fact that it was an inadvertent error occurred when the said petition was drafted. Unfortunately, acting upon the said application, the court below had passed an order for the withdrawal of the complaint, the number of which was shown in the petition. Subsequently, through the impugned order, the court below has corrected the said error, when such a clerical error

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came to its notice. That is under challenge.

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On hearing the learned counsel for the petitioner

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and on perusing the order, it has come out that the said

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order happened to be passed by the learned Magistrate at

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Crl.M.C.48/2016

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: 2 :

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first, merely on account of a clerical error occurred in the case number in the petition. That could be cured and corrected. The learned Magistrate has made the said correction. Such a situation is saved by Section 362 Cr.P.C. Matters being so, this Crl.M.C. is devoid of merits and is only to be dismissed and I do so.

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In the result, this Crl.M.C. is dismissed.

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Sd/- (B.KEMAL PASHA, JUDGE)

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aks/07/01

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// True Copy //

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PA to Judge

Lekha Jibu v. Corporate Chits

Case brief

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Lekha Jibu v. Corporate Chits

Case brief

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