Vedanti Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT of CHHATTISGARH, BILASPUR CRMP No.978 of 2017 Vedanti Tiwari S/o Bhagwanta Tiwari Aged About 44 Years (Wrongly Mentioned as Bhaganna Tiwari,) Occupation Cultivator, R/o Mahora, Police Station- Patna, District Koriya, Chhattisgarh. ----Applicant

Versus

State of Chhattisgarh Through The Station House Officer, Police Station Chandaura, District- Surajpur, Chhattisgarh. ---- Respondent For Applicant :

Shri Vijay Sahu, Advocate.

For Respondent :

Ms. M. Asha, Panel Lawyer.

SB: Hon'ble Shri Justice P. Sam Koshy Order On Board 04/08/2017

1. The present petition under Section 482 CrPC has been filed seeking for correction in the order dated 19.05.2017 passed in MCRC(A) No.100 of 2017.

2. Learned counsel for the petitioner submits that inadvertently due to clerical error on the part of the applicant while moving an application under Section 438 CrPC, the applicant's father name has wrongly been mentioned as Bhaganna Tiwari instead of Bhagwanta Tiwari. In the process, while deciding the application, this court also in its order dated 19.05.2017 recorded the applicant's father name as Bhaganna Tiwari in place of Bhagwanta Tiwari. It is this erroneous mention of applicant's father name which is sought to be rectified by the present petitioner.

3. The State counsel, after due verification of the case dairy, does not

dispute the prayer made by the applicant.

4. In the light of the statement made by the counsel for the applicant which has not been opposed by the State counsel, present CRMP is allowed and in impugned order dated 19.05.2017 passed in MCrC(A) No.100 of 2017, the applicant's father name be read as Bhagwanta Tiwari in place of Bhaganna Tiwari.

5. Let copy of this order be made part of the record of MCrC(A) No.100 of 2017.

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

Sd/- (P. Sam Koshy) Judge inder