Smt. Smita Sinha v. State Of Chhattisgarh

NAFR HIGH COURT of CHHATTISGARH, BILASPUR CRMP No.949 of 2017 Smt. Smita Sinha W/o Shri Ramesh Sinha, Aged About 48 Years R/o N-2, Nikita Vihar, Mahavir Nagar, Raipur, District Raipur, Chhattisgarh. ----Petitioner

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Mahasamund , District- Mahasamund, Chhattisgarh. ---- Respondent For Petitioner :

Shri Praveen Das, Advocate.

For Respondent :

Ms. M.Asha, Panel Lawyer.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 28/07/2017

1. The present petition under Section 482 CrPC has been filed seeking for modification of the order dated 17.05.2017 passed in MCRC(A) No.370 of 2017.

2. Learned counsel for the petitioner submits that inadvertently due to clerical error on the part of the petitioner while moving an application under Section 438 CrPC, the Crime Number has wrongly been mentioned as 78 of 2017 instead of Crime No.78 of 2016. In the process, while deciding the application, this court also in its order dated 17.05.2017 at paragraphs 1 & 6, while allowing the application, recorded the Crime No.78 o 2017 in place of Crime No.78 of 2016. It is this erroneous mention of Crime Number which is sought to be rectified by the present petitioner.

3. The State counsel, after due verification of the case dairy, does not dispute that the actual Crime Number is 78 of 2016 registered at

Police Station, Mahasamund, District Mahasamund.

4. In the light of the statement made by the counsel for the appellant which has not been opposed by the State counsel, present CRMP is allowed and the impugned order dated 17.05.2017 passed in MCrC(A) No.370 of 2017, in paragraphs No.1&6, Crime Number shall be construed as 78 of 2016 instead of Crime No.78 of 2017.

5. Let copy of this order be made part of the record of MCrC(A) No.370 of 2017.

6. With the aforesaid modification, the present CRMP stands allowed and disposed of.

Sd/- (P. Sam Koshy) Judge inder