A criminal miscellaneous petition filed under Section 482 CrPC seeking quashing of an order rejecting a late petition for correction of deposition. The court held the petition barred by law due to lack of timely objection before signing the deposition.
The petition against the dismissal of the correction application stands dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31151 of 2011
====================================================== Digvijay Mishra, son of Sri Anirudh Mishra, residents of village- Bhado, P.S. Aurai, District- Muzaffarpur
.... .... Petitioner
Versus 1. The State of Bihar 2. Rajesh Pandey, son of Sri Satileshwar Pandey, residents of villageBhado, P.S. Aurai, District- Muzaffarpur .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER
5 22-04-2014
Heard Sri Pranav Kumar, learned counsel for the petitioner, Sri Shyam Kumar Singh, learned Addl. Public Prosecutor and Sri Sheo Shankar Sharma, learned counsel, who has appeared on behalf of Opp.Party no.2.
The petitioner, who is complainant in Complaint Case No. 2323 of 2004, Trial No.1776 of 2011, has prayed in this petition, filed under Section 482 of the Code of Criminal Procedure, for quashing of an order dated 25.07.2011 passed by the learned Sub Divisional Judicial Magistrate East, Muzaffarpur . By the said order, the learned Magistrate has rejected the application filed by the petitioner regarding correction in paragraph-5 of his deposition recorded during cross-examination of P.W.4. By filing a petition dated 30.05.2011 before the trial court, a prayer was made on behalf of the petitioner that in paragraph-5 of evidence of P.W.4 , learned trial court has
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incorrectly recorded the deposition. While replying suggestion given by the defence, it was incorrectly recorded as “it is not true that Rajesh Pandey ( Opp.Party no.2) has lodged a false case against him”, whereas correctly it was required to be recorded that “ it is true that Rajesh Pandey has filed a false case against him” After framing of charge, prosecution evidence was continuing and P.W. 4 was examined and cross-examined and discharged on 02.05.2011.
Sri Sheo Shankar Sharma, learned counsel for Opp.Party no.2 submits that the petition for correction was filed with calculated manner after more than 25 days. He submits that in view of Section 278 of the Code of Criminal Procedure after recording deposition, it was explained to the witness and thereafter his signature was also obtained. At that very time, no objection was raised and belatedly i.e. after 25 days such petition was filed for making correction.
Besides hearing the parties, I have also perused the impugned order as well as the materials available on the record. Fact remains that had an error was committed in recording the deposition, before signing it was required to raise an objection or to make a request for making correction, which was not done and after expiry of more than 25 days , such petition was filed. In that
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view of the matter, the learned Sub Divisional Judicial Magistrate has rightly not entertained the petition. I do not find any defect in the order. The petition stands dismissed.
(Rakesh Kumar, J)
NKS/-
3 issues framed by the court
Whether a petition for correction of deposition filed 25 days after signing without prior objection should be entertained.
Whether the learned Magistrate acted correctly in dismissing the petition for quashing based on the delay.
Whether there is any defect in the impugned order rejecting the correction application.
2 provisions across 1 enactments
Digvijay Mishra
The State of Bihar
Rajesh Pandey
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
