UNION OF INDIA Vs. J.K. SYNTHETICS LTD.

JUDGEMENT

(1.) By this criminal misc. petition, a challenge is made to the order dated 28th May, 2012 whereby application moved by the petitioner - Union of India for correction of clerical mistake in the complaint was dismissed. Learned counsel for the petitioner submits that an application was filed to seek correction of typographical and clerical mistake in the complaint. It was declined on the ground that no provisions exist to allow correction in the complaint, though it was basically, the typographical error.

(2.) A reference of judgment of this Court in the case of Bhim Singh v. Kan Singh, 2004 1 WLC(Raj) 526 has been given. Therein, the Court allowed correction in the complaint, if it is of typographical nature. Another judgment relied by learned counsel for the petitioner is in the case of Chinnappaiyam v. Chinnathayee in Crl. R.C. No. 780/2006 and M.P. No. 1 of 2006 passed by the Hon'ble Madars High Court. Therein also, similar prayer was allowed by the High Court.

(3.) Learned counsel for the petitioner submits that while quashing the impugned order, the clerical mistake may be allowed to be corrected so that the complaint can be pursued effectively. It is further stated that if a correction is of the nature, which changes, substance of the complaint, it may be denied while permitting the correction of the clerical nature, which may be of the dates, number or of such nature.