AI Overview...
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Clerical Mistakes in Arrest Records and Notices - Several sources highlight instances where clerical or typographical errors in arrest memos, notices, or related documents have occurred. For example, in Pradeep Mittal VS Chandrabhan Singh Raghuvanshi - Crimes, discrepancies between arrest times (9:00 a.m. vs. 12:05) and errors in reports submitted to courts are noted, which can impact procedural validity. Similarly, in Subin Mohammed S. VS Union of India - Kerala, a mistake regarding the accused’s age (less than 16 years) was identified as clerical, leading to legal challenges. Ved Parkash VS State Of H. P. - Himachal Pradesh discusses errors in forensic reports and arrest details, emphasizing the importance of accurate documentation. SHER BAHADUR SINGH VS STATE OF UTTAR PRADESH - Allahabad addresses whether arrest grounds and details were properly disclosed, which can be affected by clerical errors.
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Impact of Clerical Errors on Legal Proceedings - These mistakes can undermine the validity of arrest and conviction if they lead to procedural irregularities. For instance, SANU.C.R.@SAJI vs SUB INSPECTOR OF POLICE - Kerala notes that contradictions and irregularities in arrest records can invalidate convictions, especially when inconsistent dates or procedural lapses are present. In Sanjay Singh Vs. State of U.P. and Another - Allahabad, errors in official memos prompted the court to acknowledge mistakes but also highlighted that clerical errors can be corrected, and do not necessarily preclude process issuance or bail considerations.
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Authority to Correct Clerical Mistakes - Courts and tribunals generally possess the power to rectify clerical or arithmetical mistakes in official documents, as outlined in B. Rajarajeshwari VS Presiding Officer Debts Recovery Tribunal–II Spencer Towers Chennai - Current Civil Cases and B. Rajarajeshwari VS Presiding Officer Debts Recovery Tribunal–II Spencer Towers Chennai - Dishonour Of Cheque. These sources affirm that such errors are considered rectifiable mistakes of calculation or typographical errors, which do not affect the substantive legality of the proceedings. The correction process is essential to uphold procedural integrity.
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Specific Cases of Clerical Mistakes - Examples include the correction of a mistaken age entry for a juvenile in Subin Mohammed S. VS Union of India - Kerala, and errors in forensic reports or arrest dates, as discussed in Ved Parkash VS State Of H. P. - Himachal Pradesh. These mistakes, if identified early, can be rectified to prevent procedural challenges or appeals.
Analysis and Conclusion:
Clerical mistakes in arrest memos and notices are common but can have significant legal implications if they lead to procedural irregularities or undermine the validity of arrests and convictions. Courts generally recognize these errors as rectifiable, provided they are promptly corrected and do not affect the core facts or legal rights. Proper documentation and timely correction of clerical errors are crucial to maintaining procedural integrity and ensuring fair legal proceedings.
Search Results for "When Clerikal Mistake in Arrest Memo and Arrest Notice"
• India - Crimes
R.B.DIXIT, R.S.GARG
This entry recorded at 12.05 would run contrary to Annexure- RI the arrest memo prepared by S.H.O. Antri. According to the said arrest memo the man was arrested at 9.00 a.m. ... In notice No. 420 he was required to show cause that why Proceedings, under provisions of Contempt of Court be not referred to the High Court at he had submitted the wrong report to the Court regarding arrest and lodgment of said Mahesh. The reply annexed with the reference does not bear any date. ... According....
2025 Supreme(Online)(ALL) 624 • India - High Court of Allahabad
Hon'ble Arun Kumar Singh Deshwal,J.
mistake. ... The court noted that the endorsement on the cheque does not preclude the issuance of process if the drawer fails to pay after notice ... The Branch Manager confirmed the error in the return memo. ... We may also notice an aspect submitted by Mr Luthra that while issuing notice to consider bail, the trial court is not precluded from granting interim bail taking into consideration the conduct of the accused during the investigation which has not warranted arrest. ... This Co....
2020 Supreme(Online)(KER) 4912 • India - High Court of Kerala
N.ANIL KUMAR, J
Criminal Procedure - Abkari Act - Section 8(2) - The court set aside the conviction and sentence of accused based on contradictions in arrest ... Issues: Whether the conviction and sentence imposed were valid given the inconsistencies in arrest records and procedural ... Ratio Decidendi: Inconsistencies and procedural irregularities in arrest and evidence forwarding can undermine the validity ... This is in accordance with the date mentioned in Ext.P1 arrest memo. PW1 prepared Ext.P8 forwarding note o....
2020 0 Supreme(P&H) 1067 • India - Punjab and Haryana
ANIL KSHETARPAL
Pre-arrest Bail - Criminal Offences - IPC 407, 420, 120-B - The court dismissed the petitions for pre-arrest bail filed by the ... The court held that the petitioners failed to make out a case for grant of pre-arrest bail. ... Final Decision: The court dismissed the petitions for pre-arrest bail filed by the petitioners. ... The Office Bearers has brought to the notice that applicant Sh. ... It has been explained that the error crept in as weight of a bag of paddy, due to clerical #H....
2005 0 Supreme(Ker) 759 • India - Kerala
K.PADMANABHAN NAIR
If necessary, the pleader may file separate memo of appearance for each person. - A person who apprehends arrest alone is entitled ... - Rule- 3, 33 and 35 - proceedings initiated suo motu under S. 439(2) of the Code of Criminal Procedure for cancelling the pre-arrest ... But, that fact shall be clearly stated in the memo of appearance. ... Rule 31 of the Rules provides that the memo of appearance shall contain a declaration of the Pleader concerned as to who instructed him. The words "declare that" are....
1992 0 Supreme(All) 344 • India - Allahabad
ALOK KUMAR BASU, S.K.VERMA
The main issues raised were whether the grounds of arrest and full particulars were disclosed to the petitioners at the time of arrest ... Whether the grounds of arrest and full particulars were disclosed to the petitioners at the time of arrest as required by Art. 22 ... CRIMINAL LAW - Habeas Corpus - Arrest and Detention - Compliance with Art. 22 of the Constitution of India and S. 50 of the Cr ... It is true that in this document the date of arrest of the petitioner is written as 1-....
2015 0 Supreme(Ker) 1302 • India - Kerala
ASHOK BHUSHAN, A.M.SHAFFIQUE
It is true that the age of the accused is just on the border of sixteen years and on the date of the offence and his arrest he was less than 16 years by a few months only. In Arnit Das v. ... The Principal described the mistake as "clerical" and recommended for its correction. As the Board did not take any decision on the application, the respondent filed a writ petition in the High Court. ... 4. ... In WP(C) No. 1362/2015, it appears to be a genuine mistake as the date of birth is entered as 3/2/1992 instead of 2/3/1992....
• India - Current Civil Cases
S.MANIKUMAR, M.GOVINDARAJ
or arithmetical mistake in certificate issued— Recovery of Dues due to Banks and Financial Institutions Act, 1993, even provides ... by DRT—Power of DRT to cancel Debt Recovery Certificate once issued—Tribunal is conferred with powers of Civil Court to correct clerical ... valid or not—Presiding Officer of Debt Recovery Tribunal cannot say that he has no powers to withdraw or cancel, or correct any clerical ... An arithmetical mistake is a mistake of calculation. A clerical m....
• India - Dishonour Of Cheque
S.MANIKUMAR, M.GOVINDARAJ
or arithmetical mistake in certificate issued— Recovery of Dues due to Banks and Financial Institutions Act, 1993, even provides ... by DRT—Power of DRT to cancel Debt Recovery Certificate once issued—Tribunal is conferred with powers of Civil Court to correct clerical ... valid or not—Presiding Officer of Debt Recovery Tribunal cannot say that he has no powers to withdraw or cancel, or correct any clerical ... An arithmetical mistake is a mistake of calculation. A clerical m....
2012 0 Supreme(HP) 1012 • India - Himachal Pradesh
SURINDER SINGH
If there crept any clerical or typographical mistake in the date and the seal impression, as stated by PW3, then why the similar mistake was committed in the forensic science laboratory and both these mistakes which have gone to the root of the case could have been clarified during the examination of ... The accused was arrested and the grounds of arrest were informed to him. The case property and the accused were produced before PW6 S.I. Surender Pathak. Accused was put in judicial lock-up and the case....
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