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Bombay High Court

SHESHERAO ISMAIL @ VISHWANATH KADAMversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal
DISPOSED OFF

Holding

The court held that the inadvertent omission of the prayer clauses must be corrected to reflect the intended relief.

Summary

The petitioners filed a criminal writ petition seeking relief under prayer clauses B and C1, which were inadvertently omitted from the order dated 15 September 2026. The petitioners moved the court to correct this omission. The court examined the claim that the omission was a clerical error and found it to be inadvertent. It held that such errors may be rectified to reflect the true intent of the order. Consequently, the court directed that the order be corrected to include the omitted prayers and that the corrected order be uploaded.

Issues considered

  • Whether the omission of prayer clauses B and C1 from the order constitutes a curable error requiring correction

Subjects

  • criminal procedure
  • writ petition
  • correction of order
  • minutes
  • inadvertent error

Judgment

2026:BHC-AUG:42541-DB
                This Order is Speaking to Minutes order of order dated //




                                                          -1-
                                                                                criwp1945.24.odt

                       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                             CRIMINAL WRIT PETITION NO. 1945 OF 2024

              Sheshrao s/o Ismail
              @ Vishwanath Kadam & another                                  .. Petitioners

              versus

              The State of Maharashtra & another                            .. Respondents

              Mr. S. B. Mane, Advocate holding for MR. S. B. Gastgar, Advocate for
              Petitioners.
              Mr. S. B. Jadhav, APP for the State.
              Ms. D. S. Patil (Yenegure), Advocate (appointed) for Respondent No. 2.

                                                      CORAM : R. M. JOSHI, J.
                                                      DATE : 23rd SEPTEMBER, 2026.
              PER COURT :


              1.        This is a motion for speaking to the minutes of the order

              dated 15.09.2026.

              2.     Learned Counsel for the Petitioners submits that the Petition

              ought to have been allowed in terms of prayer clauses ‘B’ and ‘C1’.

              However, the same does not appear in the order.

              3.     The error being inadvertent, the same be corrected. Corrected

              order be uploaded.

                                                                            ( R. M. JOSHI, J.)

               dyb


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