Vishwaranjan Behra v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 849 of 2020 Vishwaranjan Behra S/o late Shri Bhramar Behra, aged about 30 years, R/o Ashoka Heights, Mova, P.S. Pandari, District Raipur, C.G.
---- Appellant
Versus
State of Chhattisgarh Through : Station House OfÏcer, P.S. Telibandha, District Raipur (C.G.) ---- Respondent For Appellant :
None For Respondent :
None Hon'ble Smt Justice Rajani Dubey Order on Board /06/2020 Perused the ofÏce reference.
MCRC No.2256/2020 (Vishwaranjan Behra Vs. State of C.G.).
On previous date i.e. 17.06.2020, this Court dictated the order of adjournment to the Stenographer concerned, but it appears that the same was not incorporated in the order sheet and instead, order of dismissal has been typed, which was infact dictated in another case. The order typed reads as under :- "
1.
Learned counsel for the applicant submits that the applicant has been granted bail by the trial Court under Section 167 (2) CrPC and, therefore, he does not want to press the instant bail application.
2.
In view of above, the instant bail application is dismissed as not pressed."
From the record, it is also found that this application has not been shown to be disposed of on previous date, rather on record also it is pending.
The above fact was verified from the concerned Stenographer also. He expressed that due to oversight/heavy work-load on that day, the order of dismissal has been inadvertently typed as withdrawn in place of order of adjournment.
Thus, it is apparent that due to oversight/work-load, the order which was dictated on 17.06.2020 in MCRC No.2256/2020 could not be typed in the order sheet. In view of above, this Court feels that the above mistake occurred in the order sheet dated 17.06.2020 requires to be corrected. Accordingly, the above quoted order is deleted. Order dated 17.06.2020 shall now be read as under:- "Call for the case diary and list this case next week." MCRC No.2229/2020 (Rajdeep Sarkar Vs. State of C.G.).
On previous date i.e. 17.06.2020, this Court dictated the order of dismissal of MCRC No.2229/2020 as withdrawn to the Stenographer concerned, but it appears that the same was not incorporated in the order sheet and instead, order of adjournment has been typed, which was infact dictated in another case. The order typed reads as under :- "Call for the case diary and list this case next week."
On being inquired, the Reader of the Court also informed that in the case status fed in the computer, MCRC No.2229/2020 has been shown to be dismissed as withdrawn
on the previous date.
The above fact was verified from the concerned Stenographer also. He expressed that due to oversight/heavy work-load on that day, the order of adjournment has been inadvertently typed in place of dismissal of bail application as withdrawn.
Thus, it is apparent that due to oversight/work-load, the order which was dictated on 17.06.2020 in MCRC No.2229/2020 could not be typed in the order sheet. In view of above, this Court feels that the above mistake occurred in the order sheet dated 17.06.2020 requires to be corrected. Accordingly, the above quoted order is hereby deleted. Order dated 17.06.2020 shall now be read as under :- "1. Learned counsel for the applicant submits that the applicant has been granted bail by the trial Court under Section 167 (2) CrPC and, therefore, he does not want to press the instant bail application.
2.
In view of above, the instant bail application is dismissed as not pressed."
Copy of this order be placed in MCRC Nos.2229/2020 and 2256/2020.
CRMP stands disposed of accordingly.
Sd/- (Rajani Dubey) Judge pkd