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Sachin Sharma vs State on 18 February, 2020

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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