Patna High Court
KALLU KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that an inadvertent typographical mistake in a judgment may be corrected, and the criminal appeal is restored to its original file.
Summary
The petitioners filed a restoration application seeking correction of a typographical error in Paragraph 4 of an order dated 30-01-2026, where the case number was incorrectly printed as ‘Cr. Misc. No. 4713/2024’ instead of ‘Cr. Appeal (SJ) No. 4713 of 2024’. The court examined whether such an inadvertent mistake could be rectified without prejudice to the parties. It held that the error was purely clerical and could be corrected to reflect the true intent of the order. Consequently, the erroneous reference was deleted and the correct case number inserted, thereby restoring the criminal appeal to its original file. The remainder of the original order was left unchanged.
Issues considered
- Can an inadvertent typographical error in a court order be corrected?
- Does correcting the error affect the restoration of the criminal appeal?
Subjects
- criminal procedure
- typographical error
- order correction
- restoration of appeal
- court practice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4716 of 2026
In
CRIMINAL APPEAL (SJ) No.4713 of 2024
Arising Out of PS. Case No.-227 Year-2024 Thana- MANER District- Patna
======================================================
1. KALLU KUMAR S/o Late Ugrah Ray R/o vill - Tata Colony, P.S.- Maner,
Distt.- Patna, Bihar
2. Golu Kumar S/o Sri Karan Ray R/o vill - Tata Colony, P.S.- Maner, Distt.-
Patna, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shyam Babu Rajak S/o Late Bagali Rajak R/o vill - Suarmarwan, P.S.-
Maner, Distt.- Patna, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Kant Kumar
For the Opposite Party/s: Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The present restoration application has been listed
under the heading “To Be Mentioned” on the basis of the Bench
Slip dated 02.02.2026 filed on behalf of the petitioner for
correction of typographical error in Paragraph No. 4 of the order
dated 30.01.2026 passed in Cr. Misc. No. 4716 of 2026 to the
extent that in Paragraph No.4, ‘Cr. Misc. No. 4713/2024 has
been inadvertently typed, in place of ‘Cr. Appeal (SJ) No. 4713
of 2024’.
Patna High Court CR. MISC. No.4716 of 2026(3) dt.06-02-2026
2/2
3. Considering the said to be inadvertent
typographical mistake, I find it proper to delete ‘Cr. Misc. No.
4713/2024’ from Paragraph No. 4 of the order dated 30.01.2026
and the same be substituted by ‘Cr. Appeal (SJ) No. 4713 of
2024’.
4. Now, paragraph no.4 of the order dated 30.01.2026
be read as under:
“In view of the information and
pleadings made in the restoration application and
the affidavit, the Cr. Appeal (SJ) No. 4713 of 2024
is restored to its original file.”
5. The order dated 30.01.2026 is modified to the
aforesaid extent. The other parts of the order dated 30.01.2026
shall remain intact.
(Purnendu Singh, J)
mantreshwar/-
U T
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