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ashok kumar (Social Worker)     26 September 2014

Clerical error in criminal revision petition-how to correct?

Clerical Error in Criminal Revision Petition-How to Correct?

In a criminal revision petition some spelling, syntax typing errors remained .

When an application is moved to correct the same, the DJ says there is no provision in Law/CrPC for allowing to make such corrections.(Please note that there is no change in facts, dates or plea if such changes are allowed)

 

Please guide how to make such corrections as without corrections the entire petition becomes absurd. Is there no provision in Law for this?

Please quote the case law if any or the relevant  provision



 5 Replies

Ashok, Advocate (Lawyer at Delhi)     26 September 2014

Usually, the court should be deemed to have inherent powers to permit correction of typing errors in the revision petition by way of allowing an application for amendment. You may also check in the Rules framed by the concerned High Court of your area for conducting criminal cases (it may be called Criminal Manual or the like) to find out whether there is such a provision. In the worst scenario, the High Court can permit it under its powers under Section 482 Cr.P.C. in the absence of a specific power under the Cr.P.C., which is reproduced below:

 

482. Saving of inherent powers of High Court.— Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.”

 

 

 

ashok kumar (Social Worker)     26 September 2014

Dear Sir

Do u mean to say that for such a small thing one has to move the HC only and there is no other remedy?

Are there no inherent power at the DJ level or  any other procedure by which 

ashok kumar (Social Worker)     27 September 2014

Dear Sir

Do u mean to say that for such a small thing one has to move the HC only and there is no other remedy?

Are there no inherent power at the DJ level or  any other procedure by which the DJ can allow to make the correction at the DJ level itself

Ashok, Advocate (Lawyer at Delhi)     27 September 2014

That’s what I have mentioned. Firstly, DJ must be presumed to have such inherent power. I have seen provisions in Cr.P.C. for rectification of errors in an order of the court, but I have not come across any provision in Cr.P.C. which permits rectification of errors in the revision petition itself. At the same time, I have seen courts permitting such rectification by moving an application for amendment (specially in the supreme court and high court).

 

Secondly, I have also advised you to check the rules made by your High Court which govern the criminal cases. Since the Cr.P.C. does not appear to be having such provisions, may be the relevant rules in your state may have some. So, better examine.

 

Thirdly, I said that if nothing helps, i.e., if the DJ refuses to allow you to amend your revision petition, then what other remedy have you got except to challenge the order of the DJ in High Court under Section 482 Cr.P.C., irrespective of whether it is a small thing or big thing? You have yourself mentioned that if the errors are not corrected, the petition becomes absurd. In such a situation, when the DJ does not permit you to amend, you have to take a call as to whether it is a small thing to ignore it (i.e., pursue the same revision petition with the same errors), or to consider it as a big thing and challenge the order of the DJ (refusing to amend petition) before HC.

 

 

Since I am replying the query in the abstract, i.e., without knowing the full facts, this is what I can state in the given circumstances.

ashok kumar (Social Worker)     27 September 2014

Thanks Ashokji

U have given a wonderful reply!

Practically all the trial Courts, DJs etc have been accepting the application for such amendments as Miscellaneous applications even though there is no provision under the CrPC. Even theGeneral Rules criminal do not contain any such provision. So as per ur reply I think HC is the only remedy


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