Ayyappan v. Station House Officer

Crl.M.P.No.14104 of 2021 in Crl.O.P.No.25958 of 2021 M.NIRMAL KUMAR., J.

This petition is filed to amend the trial Court case number as STC.No.116 of 2019 on the file of the Judicial Magistrate No.III, Puducherry instead of C.C.No.168 of 2014 on the file of the Judicial Magistrate No.I, Puducherry in Crl.O.P.No.25958 of 2014 order dated 28.11.2019.

2. The petitioners had earlier filed a quash application in Crl.O.P.No.25958 of 2014 seeking quashing of FIR in Crime No.66 of 2014. During pendency of the quash application, charge sheet got filed. Hence, the petitioners filed Crl.M.P.No.17274 of 2019 seeking to amend the prayer as to quash the charge sheet. In the said petition, the petitioners had given the case number as C.C.No168 of 2014 based on which this Court incorporated in the order copy as though proceedings against the petitioners by the order dated 28.11.2019 Page No.1/3

quashed the case. It is submitted that the petitioners produced the order copy of this Court along with memo before the trial Court for compliance. The Judicial Magistrate No.III, Puducherry, at that time, informed that Crime No.66 of 2014 has culminated into STC.No.116 of 2019 pending before the Judicial Magistrate No.I, Puducherry, and not C.C.No.168 of 2014. Hence, the order could not be complied.

3. In view of the same, the above petition seeking to amend the prayer has been filed stating that there is a typographical error. This Court is inclined to amend the prayer in Criminal Original Petition and STC.No.116 of 2019 pending before the Judicial Magistrate No.III, Puducherry is quashed. The Registry is directed to carry out the necessary amendment and issue fresh order copy.

4. Accordingly, this petition is ordered.

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M.NIRMAL KUMAR.,J.

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