Peter Soniya D'Souza v. State Of Maharashtra And ANR

rrpillai IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1461 OF 2016 Peter Soniya D'Souza ...

Applicant vs.

State of Maharashtra & Anr.

... Respondents Through Secretary and Ors.

.......

Ms.Pranoti Pawar for the Applicant.

Mr. Irfan Shaikh APP for the State.

.......

CORAM : A.K.MENON,J.

VACATION COURT DATE : 26 th DECEMBER, 2016 P.C. :

1.

Mentioned. Not on Board. Taken on board.

2.

This Criminal Application was disposed of vide Order dated 22nd December, 2016. The Division Bench quashed the complaint against the Petitioner being C.R.No. 573/2016 lodged with Borivali Police Station in respect of offences under Section 392 read with section 34 of the Indian Penal Code.

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3.

The order further directed that the applicant be released forthwith since the complaint against him had been quashed. It appears that two errors have cropped up in the order. The first being date of the order which presently reads "November 22, 2016" and secondly in paragraph 1 line 7 the C.R.No. is incorrectly mentioned as "576/2016". 4.

Ms.Pawar who appears on behalf of the applicant has mentioned this matter with a sense of urgency since the applicant is still in custody despite the order directing his release pursuant to quashing of the complaint since the C.R.No. is incorrectly mentioned.

5.

In the circumstances when the matter was mentioned this morning the same was kept back in order to enable her to serve the public prosecutor's office. Learned APP appearing on notice states that he has instructions from the Investigating Officer as well as Dr Shaikh who had appeared on 22 nd December,2016 at the hearing of the Criminal Application that the order was passed on 22 nd December, 2016 and that the Correct C.R. No. 573/ 2016 as reflected in the Criminal Application in 2/3

paragraph 1 and the prayer clause (a).

6.

In the circumstances, this order is being passed by way of Speaking to the Minutes. The following correction will be carried out: (a) The date of the order shall stand corrected to "December 22, 2016" and (b) Criminal Application no. will be corrected to read as "C.R. No. 573/2016".

The two aforesaid corrections shall be made in the original order and the corrected order shall be uploaded on the server. 7.

All parties concerned to act on a copy to be authenticated by the Personal Secretary.

(A.K. MENON,J.) 3/3