Durga Prasad v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1640 of 2017 • Durga Prasad S/o Shivshankar, Aged About 20 Years, Caste - Kol R/o Village Mouhri Dand, (Sajapahad), P.S. Podi, District - Korea Chhattisgarh (the name of father of petitioner had wrongly mentioned as Shivkumar before the trial court as well as the High Court instead of Shivshankar ) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Podi, District - Korea Chhattisgarh ---- Non-applicant For Applicant - Shri Palash Tiwari, Advocate. For Non-applicant/State - Shri U.K.S. Chandel, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 13-12-2017 1.

Heard.

2.

This petition has been brought with a prayer for correction of the name of father of the petitioner in the impugned order. 3.

It is submitted by learned counsel for the petitioner that the petitioner was granted bail in MCRC No.5429 of 2017 by order dated 3110-2017 by this Court. Erroneously the name of father of the petitioner is mentioned as Shivkumar in the cause title of the order passed by this Court, whereas, actual name of the father of the petitioner is Shivshankar, because of which the trial Court has refused to release the petitioner on bail. Hence, it is prayed that the name of father of the petitioner be corrected in the impugned order. 4.

Learned counsel for the State/non-applicant submits that on the basis of copy of FIR, the name of father of the petitioner is mentioned as

-2Shivshankar, hence, the State has no objection if correction order is passed.

5.

Heard the counsel and perused the documents on record. The certified copy of the FIR produced by the petitioner shows that name of father of the petitioner is Shivshankar, whereas it is mentioned as Shivkumar in the impugned order. Hence, on this ground, this petition deserves to be allowed.

6.

Consequently, this petition is allowed and it is ordered that the name of father of the petitioner in MCRC No.5429 of 2017 shall be read as Shivshankar instead of Shivkumar. Copy of this order be made part of the order passed in MCRC No.5429 of 2017.

7.

The petition stands disposed off.

8.

Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil