The High Court of Rajasthan rectified a clerical error in an earlier bail order where the FIR number and police station were misrecorded, substituting the correct details.
The earlier order is read to reflect FIR No.206/2018 of Police Station, Padampur, District Sriganganagar instead of the erroneous details.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B.CR.MISC. PETITION NO.13/2019 IN
S.B. Criminal Misc. Bail No. 123/2019
Raju Kumar @ Raju S/o Madanlal, Aged About 32 Years, By Caste Dhanak, Resident Of Padampur, Tehsil Padampur, Dist. Sriganganagar. (Presently Lodged At Sub-Jail, Srikaranpur, District Sriganganagar)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Pankaj Kumar Gupta For Respondent(s) : Mr A.S.Rathore-PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
14/01/2019
By this application under Section 482 CrPC, the petitioner seeks correction in the order dated 10.01.2019 passed by this Court in S.B.Cr.Misc. Bail Application No.123/2019, whereby petitioner- Raj Kumar @ Raju was granted bail in connection with FIR No.206/2018 of Police Station Padampur, District Sriganganagar.
Learned counsel for the petitioner has submitted that though the petitioner is arrested in FIR No.206/2018 of Police Station, Padampur, District Sriganganagar but due to inadvertence in the order dated 10.01.2019 passed in S.B.Cr.Misc. Bail Application No.123/2019, the FIR Number as well as the name of Police Station have wrongly been mentioned as ‘ FIR
(2 of 2)
[CRLMB-123/2019]
No.216/2018 of Police Station Srikaranpur’ . The learned counsel for the petitioner has, therefore, prayed that the aforesaid mistake may be rectified.
Having heard learned counsel for the petitioner and having gone through the material on record, this Court is of the opinion that the aforesaid mistake had occurred due to inadvertence, hence, the same is rectified and it is ordered that wherever the “ FIR No.216/2018 of Police Station Srikaranpur” have been mentnioned in the order dated 10.01.2019 passed in S.B.Cr.Misc. Bail Application No.123/2019, the same be read as “ FIR No.206/2018 of Police Station, Padampur, District Sriganganagar”.
The application stands disposed of.
(VIJAY BISHNOI),J
masif/-PS
1 issue framed by the court
Whether an inadvertent clerical error in a bail order recording the wrong FIR number and police station can be rectified under Section 482 CrPC.
1 provisions across 1 enactments
RAJU KUMAR @ RAJU
STATE
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
