Jairam Singh v. Dev Narayan Tiwari

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 1100 of 2017 Jairam Singh S/o Gangasagar Singh, Aged About 50 Years R/o Qr. No. B / 211, Adarsh Nagar, Kusmunda, P. S. Kusmunda Tahsil Katghora, Civil & Revenue District Korba Chhattisgarh. ---- Petitioner

Versus

1. Dev Narayan Tiwari S/o Krishna Chand Tiwari, Aged About 60 Years R/o Qr. No. B / 204, Adarsh Nagar, Kusmunda, P. S. Kusmunda Tahsil Katghora, Civil & Revenue District Korba Chhattisgarh.

2. State Of Chhattisgarh, Through The District Magistrate Korba District Korba Chhattisgarh.

---- Respondents For the Petitioner : Shri Sunil Sahu, Advocate.

For Respondent No.2/State :

Shri Anil S. Pandey, Government Advocate.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

25.08.2017 1.

Heard.

2.

This petition has been brought under Section 482 of the Code of Criminal Procedure with a prayer to make appropriate correction in the order dated 24.3.2017 passed by this Court in Criminal Revision No. 655 of 2007, in view of the order passed by the Hon'ble Supreme Court in Special Leave to Appeal (Criminal) No.004790 of 2017 dated 17.7.2017. 3.

The petitioner moved a petition for special leave to appeal before Hon'ble Supreme Court of India against the order impugned i.e. the order passed by this Court dated 24.3.2017 in Criminal Revision No. 655 of 2007.

On 17.7.2017, the case was heard by the Hon'ble Supreme Court and order has been passed that the order passed by the High Court requires appropriate correction. Hence, the petition was disposed of with a direction to the petitioner to move this High Court for appropriate correction in the impugned order without being inhibited by the bar of Section 362 of the Code of Criminal Procedure.

4.

Learned counsel for the petitioner submits that some portion of judgment dated 24.3.2017 seems to have clerical mistake and some portion in the judgment seems to be incomplete.

5.

Perused the certified copy of the judgment dated 24.3.2017 passed in Criminal Revision No. 655 of 2007 and the original judgment of this Court, which is a part of the record of Criminal Revision No. 655 of 2007. It appears that the certified copy provided to the petitioner by the Registry of this Court was not the correct certified copy of the order that is placed as the part of the record of Criminal Revision No. 655 of 2007. Registry is directed to make an enquiry in this respect and do the needful. Registry is also directed to provide true certified copy of the order dated 24.3.2017 passed in Criminal Revision No. 655 of 2007 to the petitioner free of cost. There is no further requirement to pass any order in this petition. Hence, this petition is disposed off.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi