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RAJASTHAN HIGH COURT BENCH AT JAIPUR
Ashok Kumar Gaur, J.
Balram Bagri - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Miscellaneous Application No. 356/2021 in S.B. Criminal Misc. Bail Application No. 16759/2021
Decided On : 11-11-2021
CORRECTION - NAME OF ACCUSED - The court addressed a clerical error in its previous order, correcting the name of the accused-petitioner from 'Balraj Bagri' to 'Balram Bagri' as per the FIR. The court emphasized the importance of accurate identification in legal documents, which influenced its decision to allow the correction and ensure the integrity of the judicial record.
Fact of the Case:
The accused-petitioner filed a criminal misc. application seeking correction of his name in a previous court order, which mistakenly referred to him as 'Balraj Bagri' instead of 'Balram Bagri'.
Finding of the Court:
The court reviewed the FIR and confirmed that the correct name of the accused-petitioner is 'Balram Bagri'. It acknowledged the clerical error and allowed the necessary correction.
Issues: Whether the court should correct the name of the accused-petitioner in its previous order to reflect the accurate name as per the FIR.
Ratio Decidendi: The court held that accurate identification of parties in legal documents is crucial for the integrity of judicial proceedings, and thus permitted the correction of the name.
Result: The court allowed the criminal misc. application and ordered that the name of the accused-petitioner be corrected to 'Balram Bagri Son of Gopal' in the court records.
JUDGMENT
The present Criminal Misc. Application has been filed by learned counsel for the accused-petitioner whereby correction has been sought in the order dated 29.10.2021, passed by this Court as the name of the accused-petitioner has been mentioned in the order as Balraj Bagri instead of Balram Bagri.
Learned counsel for the accused-petitioner submitted that inadvertently, the name of the accused-petitioner has been mentioned as Balraj Bagri even in the order dated 01.10.2021, passed by Additional Sessions Judge, Women Atrocities No.1, Kota while rejecting the bail application of the accused-petitioner.
Learned counsel for the petitioner submitted that in fact an FIR has been lodged against the petitioner where his name has been mentioned as Balram Bagri.
Learned counsel submitted that this Court may permit necessary correction/modification in the order dated 29.10.2021.
I have gone through the FIR lodged against the petitioner and in the FIR, name of the Balram Son of Gopal has been mentioned as an accused.
This Court had earlier passed the order in the bail application as name of the petitioner was mentioned as Balraj Bagri instead of Balram Bagri.
In view of the above, the present criminal misc. application is allowed and amended cause title filed by learned counsel for the petitioner, is also taken on record.
The present criminal misc. application is allowed and name of the accused-petitioner may be read as 'Balram Bagri Son of Gopal' instead of 'Balraj Bagri Son of Gopal'.
This order may be treated as part of the order passed by this Court dated 29.10.2021.
Registry may also issue the correct order after showing name of accused-petitioner as Balram Bagri.
The court established that clerical errors in legal documents can be corrected to ensure the accuracy and integrity of judicial records.
Typographical errors in legal documents can be corrected to ensure the accurate representation of the parties involved.
The court possesses inherent jurisdiction to rectify purely clerical or typographical errors in its previous orders to ensure the judicial record accurately reflects the identity of the parties, prov....
The court has the discretion to allow modification to correct typographical errors in orders.
The main legal point established is the court's discretion to allow the correction of name and address in a bail application and the importance of adhering to bail conditions.
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