Jammu and Kashmir High Court
APPCR/85/2018 of SAPNA DEVI Vs STATE OF JAMMU AND KASHMIR TH.D.G.P. AND ORS. on 31 December 2019
7 HIGH COURT OF JAMMU AND KASHMIR AT JAMMU APPCR No. 85/2018 in [CRMC No. 203/2018] Sapna Devi .....Petitioner(s) Through:- Mr. Navneet Dubey, Advocate V/s State of J&K th. DGP and ors. ....Respondent(s) Through:- None. CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR GUPTA, JUDGE ORDER
S. No. 7
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
APPCR No. 85/2018 in
[CRMC No. 203/2018]
Sapna Devi
.....Petitioner(s)
Through:- Mr. Navneet Dubey, Advocate
V/s
State of J&K th. DGP and ors.
Through:- None.
....Respondent(s)
CORAM :
HON’BLE MR. JUSTICE SANJAY KUMAR GUPTA, JUDGE
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ORDER
Petitioner, Sapna Devi D/o Roshan Lal has filed the present petition under Section 369 read with Section 561(A) of Cr.P.C. soliciting correction of clerical error which has cropped in description of respondent No. 3 in court order dated 20.11.2018 passed in CRMC No. 203/2018 from ‘SHO Police Station R. S. Pura, Jammu’ to ‘SHO Police Station Nowabad, Jammu’.
In this petition, it has been stated that FIR No.05/2017 came to be registered by SHO Police Station Nowabad, Jammu on 10.01.2017 under Section 376 RPC, but due to clerical error instead of ‘SHO Police Station Nowabad, Jammu’, ‘SHO Police Station R. S. Pura, Jammu’ has been typed in the memo of petition. Consequently, in the order dated 20.11.2018, instead of ‘SHO Police Station Nowabad, Jammu’, ‘SHO Police Station R. S. Pura’, Jammu has been reflected. Accordingly, it has been prayed that same be corrected as instead of SHO P/S R. S. Pura, Jammu, it should be written as SHO P/S Nowabad, Jammu because impugned FIR No. 05/2017 under Section 376 RPC lodged in P/S Nowabad.
I have considered the contentions of learned counsel for the petitioner as well as original record of CRMC No. 203/2018 by way of calling the same from record room. From perusal of the record, it is evident that victim has lodged FIR No. 05/2017 under Section 376 RPC before the Police Station, Nowabad and not before the Police Station R.S. Pura, Jammu, so this mistake in writing judgment has crept inadvertently. Accordingly, it is corrected.
In view of above, it is held that instead of ‘SHO Police Station R.S. Pura, Jammu’ the same be read as ‘SHO Police Station Nowabad, Jammu’ in order dated 20.11.2018 passed in CRMC No. 203/2018.
Record be sent back to the record room and this petition is disposed of accordingly.
JAMMU 31.12.2019 Meenakshi
(Sanjay Kumar Gupta)
Judge