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2026 Supreme(Online)(Chh) 17719

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Ramesh Sinha, CJ
Ramkumar Toppo – Appellant
Versus
State of Chhattisgarh – Respondent
CRMP No. 1391 of 2026



Advocates:
For the Appellants/Petitioners: Arpit Lall
For the Respondents: Priyank Rathi

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, provided the error is bona fide.

Headnote:The application was filed under S. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a clerical correction in the cause title and the body of a previous bail order dated 04/05/2026. The applicant contended that his name was erroneously mentioned as 'Rajkumar Toppo' instead of 'Ramkumar Toppo' due to a recurring error originating from the trial court's records. The Court, upon verification of the submitted identification documents, determined that the error was purely clerical and bona fide. The issue for consideration was whether the court maintains the inherent power to rectify clerical errors in its previous orders to reflect the accurate identity of the parties. The court reasoned that such rectification is necessary to ensure the correctness of the judicial record and to prevent future prejudice, citing the mistake as inadvertent and technical in nature. The court allowed the application and directed that the name of the applicant in the cause title and the body of the previous order be corrected to read as 'Ramkumar Toppo'.

Table of Content
1. correction of clerical errors in judicial orders is permissible to reflect the true identity of parties. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)

1. When the Court resumed its proceeding, Dr. Arpit Lall, Advocate appears and made a request for listing of the present CRMP, which is filed for correction of the name of the petitioner herein in the bail order.

2. Considering the nature of matter, the same is directed to be listed and taken up for hearing.

3. By way of the present Criminal Miscellaneous Petition (CRMP) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks correction of his name in the order dated 04/05/2026 passed in MCRC No. 3739/2026 (Rajkumar Toppo & Others v. State of Chhattisgarh), contending that his correct name is Ramkumar Toppo.

4. The petitioner, along with four other co-applicants, had preferred MCRC No. 3739/2026 under Section 483 of the BNSS seeking grant of regular bail in connection with Forest Crime No. 17717/04 registered at Forest Range, Belgahna, District Bilaspur, for offences punishable under Sections 9 , 39(1)(g), 39(1)(h), 39(1)(c), 44(h), 48-A, 50 and 51 of the Wildlife (Protection) Act, 1972. By order dated 04/05/2026, this Court allowed the said application and granted regular bail to all the applicants.

5. Learned counsel for the petitioner submits that the petitioner was shown as "Rajkumar Toppo" (Applicant No. 1) in the bail application, whereas his correct name is "Ramkumar Toppo". It is submitted that while rejecting the bail application vide order dated 06/04/2026 passed in BA No. 571/2026, the learned Trial Court had inadvertently recorded the petitioner's name as "Rajkumar Toppo". Consequently, the same name was reflected in the bail application filed before this Court and, therefore, in the order dated 04/05/2026 passed in MCRC No. 3739/2026. Learned counsel further submits that the petitioner's correct name is "Ramkumar Toppo", as evidenced by his Aadhaar Card and PoR placed on record. It is, therefore, prayed that the petitioner's name be corrected from "Rajkumar Toppo" to "Ramkumar Toppo" in the cause title as well as in paragraph 7 of the order dated 04/05/2026.

6. Learned State counsel does not oppose the prayer made on behalf of the petitioner.

7. I have heard learned counsel for the parties and perused the order passed in MCRC No. 3739/2026, the documents placed on record, including the Aadhaar Card and PoR of the petitioner.

8. Upon consideration of the submissions advanced and the material available on record, this Court finds that the petitioner's name was erroneously recorded as "Rajkumar Toppo" in the order passed by the learned Trial Court and that the same error continued in the bail application filed before this Court. The mistake appears to be bona fide and purely clerical in nature. Accordingly, this Court deems it appropriate to direct that the name of Applicant No. 1 in the cause title and paragraph 7 of the order dated 04/05/2026 passed in MCRC No. 3739/2026 shall be read as "Ramkumar Toppo" in place of "Rajkumar Toppo". All other findings, observations and directions contained in the said order shall remain unaltered.

9. A certified copy of this order shall be supplied along with a copy of the order dated 04/05/2026 passed in MCRC No. 3739/2026.

10. Consequently, the present CRMP stands allowed to the extent indicated hereinabove.

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