Correction of clerical mistake while recording the statement

teaching

My  witness had called in Hon'ble court to record his statement . He had very well explained the incident he  witness againnst 6 people. But while we get the certified copy of his statement we found that the name of the person accused he had taken while in presence in front of megistrate in court was not written as he had said  to  hon'ble  court . for ex. he said  prashant pawar and clerical wrote roop pawar. now what should we do to  correct that mistake done by clerk (may be intensionally) .cross on his statement is  not  yet been done . so before his  cross examination we want to  bring this correction in notice of the court . Plz guide me what to do ,any sample format ,section , will be helpfull to me a lot .

 

Thanks 

Sonam 

 
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Advocate

why you gave earlier not pointed out to court and as per procedure witness has to sign after going through the evidence recorded which is called ROAC. it is too late now but as the evidenc if witness is not complete hence you can asked related question from the witness. Even if you point out the mistake to judge even then it is difficult for judge to ascertain the fact BJ it effort can be made.
 
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teaching

what r u  saying under what unnderstanding i  dont know. its not  our mistake but clerical and to  get certified copy we have to  wait weeks and weeks we dont get on same day. and then when we tried to  move applicaiton judge reject come on the date of hearing and she gives next hearing date after 3 months what is our fault ? if we are giving authority then we would  give in video record then this biased judge and clerk would  get exposed . 

 
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teaching

i cant understand your language BJ , ROAC

 
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Advocate

As such there is no complicated language were used. there is lapse and fault on your part and also on part of witness who while signing the evidence recorded on particular did not point out the mistake of clerk as claimed by you. for a judge who deals with numerous cases it is difficult to ascertain the genuiness of your claim of stated clerical mistake. ROAC means that the evidence recorded were read over to witness who on finding the same correct put his signature in confirmation. you are a interested person who will gain milage if stated modification is carried, hence, for this reason the judge instead of giving one sided order thought it proper to hear other party also. For lapses on your part and witness the judge and clerk cannot be blamed. it is very easy to raise figure but it is very difficult to prove the same. Neither judge was biased nor there is any mistake on part of clerk. At the time of recording there must be you, your lawyer, witness, opposite party and his advocate and it is strange that all were silent when the evidence was going to be recorded. since witness has not been discharged so it relevant question can be put in this regard.
 
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teaching

I guess what kind of lawyer u are.. are u frustuated one? 

 

Neither judge was biased nor there is any mistake on part of clerk.  

who was typing ?? my witness? u seem to be having comprehensive problem . when u dont know anything keep yr ass out of this forum . read my reply again and again dont drink and reply nonsense.

 
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Advocate

No, infact you have shown your colour. you seem to be frustrated and habitual litigant. You had made such bald and frivolous allegation. you were not vigilant that was your mistake and if there was mistake as claimed by you then why witness had put his signature. witness had right to refuse to sign unless his statement is not rightly recorded. Keep your senses open when levelling such bald allegations. if you are not satisfied with the act of judge then you have option to get the case transferred and to challenge the order in higher court. consult your lawyer with my replies instead of using filthy language.
 
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teaching

GO yaar u are just a looserr i think u  dont have any case with u. go and check your head with some good  dr. if  u know what is sense it is the mistkae of  the one who type not who  narrate u lilliput headed. i dont know why are u giving yr useless kharchra gyaan to me . yr response proves that u are just faltu type layer who dont know even a basic law . poor  you. !!

 
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Advocate

thanks but I donot require any certificate from people such like you. donot remain frustrated.
 
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