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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ahsanuddin Amanullah, J.
Jaigovind Ram - Petitioner
Versus
The State of Bihar – Opposite Party
Criminal Miscellaneous No. 33168 of 2021 Arising out of Criminal Miscellaneous No. 31869 of 2020
Decided On : 18-08-2021
Modification - Typographical Error - The court allowed modification in the cause title of the main petition due to a typographical error and extended the time granted to the petitioner to surrender before the Court below.
Fact of the Case:
The petitioner sought modification in the judgment and order due to a typographical error in the cause title and requested an extension of time to surrender before the Court below.
Finding of the Court:
The Court found the typographical error to be bona fide and allowed the modification. The time granted to the petitioner to surrender before the Court below and seek bail was extended by a further period of six weeks.
Issues:
Ratio Decidendi: Inadvertent typographical errors in cause titles can be corrected, and the court has the discretion to extend the time granted to the petitioner based on the circumstances.
Final Decision: The petition was disposed of with the allowed modification and extension of time for surrender.
JUDGMENT :
The matter has been heard via video conferencing.
2. Heard Mr. Bachan Jee Ojha, learned counsel for the petitioner and Mr. Shailendra Kumar, learned Additional Public Prosecutor (hereinafter referred to as the ‘APP’) for the State.
3. The petitioner has moved the Court seeking modification in the judgment and order dated 02.03.2021 passed in Cr. Misc. No. 31869 of 2020.
4. Learned counsel for the petitioner submitted that due to inadvertent typographical error, the name of the father of the petitioner was wrongly typed in the main petition of Cr. Misc. No. 31869 of 2020 inasmuch as, the name of the father of the petitioner has been typed as Karamu Ram instead of Rambarat Ram. It was submitted that the Court may permit correction in the cause title of the main petition of Cr. Misc. No. 31869 of 2020 and such correction be also made in the cause title of the judgment and order dated 02.03.2021 of the said case. Further, it was submitted that since the time granted to the petitioner to surrender before the Court below has elapsed, the Court may extent the period.
5. Learned APP does not oppose.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court finds that in view of there being inadvertent typographical error, the prayer for modification is bona fide.
7. Accordingly, let learned counsel for the petitioner make correction in the name of the father of the petitioner in the cause title of the main petition of Cr. Misc. No. 31869 of 2020 and as a consequence such correction be also made in the name of the father of the petitioner in the cause title of the judgment and order dated 02.03.2021 in the said case, as indicated above. Further, the time granted to the petitioner to surrender before the Court below and seek bail stands extended by a further period of six weeks from today.
8. The petition stands disposed of in the aforementioned terms.
Courts can permit correction of typographical errors in cause titles and have discretion to extend the time granted to the petitioner based on the circumstances.
Courts may permit corrections for typographical errors in legal documents if the error is found to be inadvertent.
The court has the discretion to allow modification to correct typographical errors in orders.
Minor clerical errors in legal documents should not lead to unnecessary litigation or the requirement of succession certificates, as they can be corrected to ensure justice.
Typographical errors in legal documents can be corrected to ensure the accurate representation of the parties involved.
The court retains discretion to reject corrections that affect merits while allowing innocuous changes.
Judicial corrections must ensure substantive merits are preserved, emphasizing finality unless substantive errors are identified.
Modification of court order's cause title for deceased petitioner is permissible to ensure justice.
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