This order allowed an application to correct a clerical error in a previous suspension of sentence order where the petitioner's name was mistakenly typed as 'female' instead of 'male'.
The order dated 12.12.2023 is to be read as correcting 'Shanti D/o Rama' to 'Shanti son of Rama'.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1481/2023
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr Ramesh Purohit For Respondent(s) : Mr R.R.Chhaparwal- PP
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
15/12/2023
Though this application for suspension of sentence has been allowed by this Court vide order dated 12.12.2023 but today an application (Inward No.2/2023 dated 15.12.2023) has been filed on behalf of the applicant-appellants seeking correction in the said order.
Learned counsel for the applicant-appellants has submitted that applicant – appellant No.1 Shanti is a man and son of Shri Rama, however, due to inadvertence, while drafting the application for suspension of sentence, in the cause title, his name has wrongly been typed as ‘Shanti D/o Shri Rama’ and
[SOSA-1481/2023]
(2 of 2)
consequently, this mistake has also occurred in the order dated 12.12.2023. He has, therefore, prayed that the said mistake may be rectified.
Having heard learned counsel for the applicant-appellants and looking to the facts and circumstances of the case, we are of the opinion that the aforesaid mistake pointed out by the learned counsel for the applicant-appellants is a bona fide one and, therefore, the same requires rectification.
Hence, the application (Inward No.2/2023 dated 15.12.2023) is allowed and it is ordered that wherever the name of applicantappellant No.1 Shanti D/o Rama is mentioned in the order dated 12.12.2023, the same be read as ‘Shanti son of Rama’.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
masif/-D.R.
1 issue framed by the court
Whether the clerical mistake in the cause title of the suspension of sentence order correcting the petitioner's gender needs rectification.
Shanti S/o Shri Rama
Tulsi W/o Shri Narayan
State Of Rajasthan
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
