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Patna High Court

Sumant Kumarversusthe state

Decided
Disposal
DISPOSED

Holding

The Court held that the clerical error in the case number may be corrected through the modification petition, and the petition is allowed.

Summary

The petitioner, Sumant Kumar, filed a modification petition seeking an extension of time to surrender and, more importantly, to correct a clerical error in the case number of the original complaint. The original complaint was mistakenly recorded as case No. 609 of 2018 instead of the correct No. 690 of 2018. The petitioner argued that the error was inadvertent and required rectification to reflect the true case number. The Court examined the petition and found no substantive prejudice arising from the mistake, allowing the correction under its inherent powers to amend procedural defects. Consequently, the Court ordered the correction of the case number in the cause title and related paragraphs, read the earlier order of 20.01.2026 in terms of the modification, and allowed the petition, disposing of it accordingly.

Issues considered

  • Whether a modification petition can be entertained to correct a clerical error in the case number of a criminal complaint
  • Whether the correction of the case number affects the substantive rights of the parties

Subjects

  • modification petition
  • clerical error
  • case number correction
  • criminal miscellaneous
  • procedural amendment
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19291 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.69756 of 2024
                   Arising Out of PS. Case No.-609 Year-2018 Thana- COMPLAINT CASE - SHERGHATI
                                                       District- Gaya
                 ======================================================
                 Sumant Kumar S/o- Rajdeo Singh Village- Bharkunda, P.S- Barachatti, Dist.
                 Gaya

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    the state Bihar
           2.    Devanti Devi W/o- Late Rampukar Singh Village- Nigri, P.S- Dobhi, Dist.
                 Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajit Kumar Sinha, Adv.
                 For the Opposite Party/s :     Mr. Bharat Lal, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-04-2026                      1. The present modification petition is being

                   filed as to extend the time to surrender of the petitioner.

                                2. It is pointed out by learned counsel

                   appearing for the petitioner that Complaint case No. 690

                   of 2018 was inadvertently typed as Complaint case No.

                   609 of 2018.

                                3. Taking note of aforesaid, office is directed to

                   correct Complaint Case no. 609 of 2018 as Complaint

                   case No. 690 of 2018.

                                4. Aforesaid correction be made in cause title,
              Patna High Court CR. MISC. No.19291 of 2026(2) dt.03-04-2026
                                                          2/2




                        para no. 2 and last three lines of para no. 6 of the order

                        dated 20.01.2026 passed in Cr. Misc. No. 69756 of

                        2024.

                                     5. The order dated 20.01.2026 passed in Cr.

                        Misc. No. 69756 of 2024, be read in terms of aforesaid

                        modification.

                                     6. In view of aforesaid, the present Modification

                        Petition stands allowed and disposed of accordingly.



                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T


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