Final Order 1

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ORDER BELOW EXH. 1 AT APPLICATION NO. 04/MISC/2023 IN C.
C. NO. 27/PW/2017 IN CONNECTION WITH CR NO. 146/2016 OF
NEHRU NAGAR POLICE STATION
1. The applicant/accused filed this miscellaneous case with the
prayer that while delivering the judgment the name of the
applicant/accused No. 5 Sachin Balu Todakar is not mentioned.
In fact he was regularly present during trial and also furnished
surety, charge was framed against him and he also furnished with
surety in compliance of section 437A of Cr. P. C. However,
inadvertantly due to clerical mistake his name is not mentioned in
judgment dated 29/07/2019 passed in C. C. No. 27/PW/2017.
2. Say of the APP was called. APP submitted that considering the
law provisions necessary order may be passed in the interest of
justice.
3. I have called the record and proceeding of 27/PW/2017. On
perusal of the same, it is evident that the accused No. 5 Sachin
Balu Todakar was regularly present during trial. He has furnished
bail and charge was also framed against him vide Exh. 17. It
further transpired that the informant filed application to
compound the offence vide Exh. 32 in which he also sought
compounding against the present applicant/accused. Further it
appears that after pronouncing the judgment the present
applicant/accused also furnished the cash bond (Exh.40) in
compliance of section 437A of Cr.P.C. Therefore, it appears to be
that there is clerical error is not mentioning the name of the
present applicant/accused in judgment dated 29/07/2019.
However, it is also pertinent to note that the accused/applicant
was equally negligent from 2019 to 2024 i.e. till filing of this
application.
4. As per section 362 of Cr. P. C. the court cannot alter the judgment
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once passed except to correct a clerical or arithmetical error. The
facts of the present case shows that the name of the accused is
inadvertantly remained to be mentioned in the title clause of the
judgment and in operative part of the judgment which is certainly
a clerical error. Hence, there is no hurdle to mention the name of
the present applicant/accused in the judgment passed in C. C. No.
27/PW/2017 dated 29/07/2019. Hence, I passed the following
order.
O R D E R
1) Application is partly allowed.
2) The name of the accused Sachin Balu Todakar
be included in judgement dated 29/07/2019 as
accused No. 5 passed in C. C. No. 27/PW/2017.
3) Copy of this order be kept in C. C. No.
27/PW/2017 and the copy of corrected
judgment be uploaded in CIS
4) J. C. to comply the same.
Date : 22/05/2024
Place : Vikhroli
Sd/-
(A. A. Bhatewara)
Metropolitan Magistrate,
34th Court, Vikhroli, Mumbai.
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