HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 48/2020
1. Sachin Sharma S/o Sh. Mangilal Ji Sharma, Aged About
33 Years, B/c Sharma, R/o Plot No. 21, Shiv Nagar, Near
Saint Anthani School, Jodhpur.
2. Mangilal Sharma S/o Late Sh. Dulichand Sharma, Aged
About 62 Years, B/c Sharma, R/o Plot No. 21, Shiv Nagar,
Near Saint Anthani School, Jodhpur.
—-Petitioners
Versus
1. State, Through P.p.
2. Monika Sharma W/o Sh. Sachin Sharma D/o Sh. Laxmi
Narayan, By Caste Suthar, R/o Plot No. 219, Laxmi Vihar,
Basani, Ist Phase, Jodhpur.
—-Respondents
For Petitioner(s) : Mr Anil Vyas
For Respondent(s) : Mr Shrawan Bishnoi – PP
Mr K.C.Sharma for respondent
HON’BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
18/02/2020
By this application under Section 482 CrPC, petitioners
seek corrections in the order dated 28.01.2020 passed by this
Court in S.B.Cr. Misc. (Pet.) No.6519/2019, whereby the said
petition was allowed.
Learned counsel for the petitioners has submitted that
the matter has been compromised between the parties and on the
basis of which, this Court vide order dated 28.01.2020, while
allowing the aforesaid misc. petition, has quashed the proceedings
pending against the petitioners for the offences punishable under
Sections 498A and 406 IPC before the trial court in connection
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(2 of 2) [CRLMA-48/2020]
with FIR No.90/2019 of Mahila Police Station (West), Jodhpur but
since the name of Police Station is wrongly mentioned as “Mahila
Police Station North, Jodhpur” in the title of S.B.Cr.Misc. (Petition)
No.6519/2019, the same has also been mentioned in the order
dated 28.01.2020. Learned counsel for the petitioners has also
submitted that the matter is pending before the Court of Special
Additional Chief Metropolitan Magistrate, (P.C.P.N.D.T. Act Cases)
Jodhpur Metropolitan but due to inadvertence, it was mentioned
as ‘Judicial Magistrate, Jodhpur’.
Learned counsel for the petitioners has, therefore,
prayed that the aforesaid mistakes may be rectified.
Having regard to the facts and circumstances of the
case, this Court is of the opinion that the aforesaid mistakes
occurred in the order dated 28.01.2020 passed in S.B.Cr. Misc.
(Petition) No.6519/2019 are nothing but bonafide ones, hence, the
same are rectified and it is ordered that wherever the “Police
Station Mahila Thana (North), Jodhpur” is mentioned in the order
dated 28.01.2020, the same may be read as “Police Station
Mahila Thana (West), Jodhpur”.
So far as the name of trial court i.e. ‘Judicial
Magistrate, Jodhpur’ mentioned in para No.1 of the order dated
28.01.2020 is concerned, the same may be read as “Court of
Special Additional Chief Metropolitan Magistrate, (P.C.P.N.D.T. Act
Cases) Jodhpur Metropolitan”.
The application stands disposed of.
(VIJAY BISHNOI),J
masif/-PS
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