Bombay High Court
Dr. Jesus S/O Dr. Ramesh Waghale vs The State Of Maharashtra, Thr Pso ... on 17 August, 2021
Bench: V.M. Deshpande, Amit B. Borkar
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APPP) NO.1308/2021
IN
CRIMINAL APPLICATION (APL) NO.186/2021
Dr.Jesus s/o Dr.Ramesh Waghale
..vs..
The State of Mah., thr. PSO PS Ajani, Ajani, Nagpur and anr
...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
Shri S.D.Zoting, Counsel for the Applicant.
Shri S.M.Ghodeswar, Addl.P.P. for the State.
CORAM : V.M.DESHPANDE &
AMIT B.BORKAR, JJ.
DATED : AUGUST 17, 2021.
1. Heard learned counsel Shri S.D.Zoting for the
applicant.
2. This is an application for correction of surname
of the applicant.
3. The applicant filed proceedings as Criminal
Application (APL) No.186/2021 under Section 482 of the
Code of Criminal Procedure before this Court for quashment
of First Information Report No.463/2020 registered with
Ajani Police Station, Nagpur for offence punishable under
Section 420 of the Indian Penal Code. The said proceedings
were disposed of by this Court (Coram : Z.A.Haq & Amit
B.Borkar, JJ.) on 23.2.2021.
4. The present application is filed by the applicant
.....2/-
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for correcting his surname. In main proceedings as well as
in the judgment, surname of the applicant is typed as
"Dr.Jesus s/o Dr.Ramesh Waghale", however learned
counsel for the applicant submitted that his surname is
"Waghade" and not "Waghale". For that, he filed on record
photocopies of Pan Card and Aadhar Card which show that
surname of the applicant is mentioned in all official records
as "Waghade" and not "Waghale".
5. Learned counsel for the applicant submitted
that due to his mistake wrong surname of the applicant is
mentioned. He tenders apology also.
6. During the pendency of the main proceedings,
an application for amendment was moved which was
registered as Misc.Criminal Application No.161/2021. The
said application was filed on 28.1.2021. Even in the said
application, learned counsel for the applicant did not correct
surname of the applicant as "Waghade" in stead of
"Waghale".
7. This is really a sorry state of affair that Advocate
without verifying name of the applicant is blindly filing
applications.
8. This Court is of view that for the fault on the
part of Advocate litigant should not suffer. Therefore, we
are allowing this application and thereby correcting surname
of the applicant from "Waghale" to Waghade". However, the
same shall be subject to payment of costs of Rs.5000/- to be
deposited with the High Court Legal Services Sub Committee
.....3/-
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at Nagpur within a period of one week from today.
9. It is made clear that the said costs shall be
borne by Advocate himself.
10. After payment of the costs, receipt should be
placed on record and after payment of the costs only, there
shall be correction in surname of the applicant in judgment
passed by this Court (Coram : Z.A.Haq & Amit B.Borkar, JJ.)
on 23.2.2021 and corrected copy of the judgment shall be
uploaded.
JUDGE JUDGE
!! BRW !!
...../-
