Patna High Court
Sumant Kumarversusthe state
- Decided
- Disposal
- DISPOSED
- Bench
- CHANDRA SHEKHAR JHA
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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