KOUR SINGH Vs. STATE

JUDGEMENT

(1.) This petition is preferred against the "order dated 5-8-1980 by the Additional Sessions Judge, Nohar.

(2.) Briefly stated the facts are these. That the petitioner was prosecuted for the offence under section 544 of the Rajasthan Excise Act. An appeal was. preferred and the appellants were acquitted. The appellate court i.e. the learned Additional Sessions Judge No. 1, Hanumangarh in his judgment directed:-

(3.) It is argued that the petitioner did not make a prayer for the review of the earlier judgment but sought rectification of a clerical error or omission. I am inclined to agree with this view. It appears that due to some clerical error the following words found place in the earlier judgment. The intention of the court was obvious that the jeep be returned to one from whom it was recovered. In any case it is a fit case where to prevent the miscarriage of justice the impugned order under the inherent powers of the court should be set aside.