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IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, J.
Rakesh Kumar & Anr. - Appellants
Versus
State of NCT of Delhi & Anr. - Respondents
Cr.M.C. 481 of 2024
Decided On : 30-01-2024
Criminal Procedure Code - Correction of Clerical Error - The court corrected a clerical error in the judgment/order by modifying the reference to the statement of the respondent no.2 from Section 164 to Section 161 of the Cr. P.C.
Fact of the Case:
The application sought correction of a clerical error in the judgment/order dated 22.01.2024 regarding the reference to the statement of the respondent no.2.
Finding of the Court:
The court modified the judgment to correct the reference to the statement of the respondent no.2 from Section 164 to Section 161 of the Cr. P.C. and disposed of the application accordingly.
Issues: Correction of clerical error in the judgment/order.
Ratio Decidendi: The court corrected the reference to the statement of the respondent no.2 from Section 164 to Section 161 of the Cr. P.C. based on the application filed seeking the correction.
Final Decision: The application seeking correction of the clerical error in the judgment/order was disposed of accordingly, and the order was uploaded as a corrigendum of the judgment dated 22.01.2024.
JUDGMENT
Navin Chawla, J. (Oral)
CRL.M.A. 2906/2024
1. This application has been filed seeking correction of a clerical error in the judgment/order dated 22.01.2024.
2. It is stated that the statement of the respondent no.2 was recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.') and not under Section 164 of the Cr. P.C., as has been mentioned in the paragraph 6 of the said judgment.
3. Accordingly, the judgment dated 22.01.2024 shall stand modified to the limited extent that in paragraph 6 of the same, the reference to the statement of the respondent no.2 shall be read as `her statement recorded under Section 161 of the Cr. P.C'. The same shall now read as under:
"6. The learned counsel for the petitioners further submits that even as per the allegations made by the respondent no.2 in her statement recorded under Section 161 of the Cr.P.C., the entire cause of action, if any, had taken place at Jind, Haryana and, therefore, there would be lack of territorial jurisdiction as far as the subject FIR is concerned."
4. The application is disposed of accordingly.
5. This order be uploaded as a corrigendum of the judgment dated 22.01.2024.
The court has the authority to correct clerical errors in judgments/orders to ensure accuracy and precision.
The court has the authority to correct typographical errors in orders to rectify mistakes.
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