Citation : 2023 Latest Caselaw 1224 Ker
Judgement Date : 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 18th day of January 2023 / 28th Pousha, 1944
CRL.M.APPL.NO.2/2022 IN CRL.MC NO. 3156 OF 2022
SC 936/2020 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM
PETITIONERS/PETITIONERS:
1. ANTONY, AGED 42 YEARS, S/O AUGUSTINE, BHARANIKULANGARA HOUSE,
KUNNAPPILLISSERY KARA, PARAKKADAVU VILLAGE, PIN - 683572
2. BABU, AGED 38 YEARS, S/O.AUGUSTHY, BHARANIKULANGARA HOUSE,
KUNNAPPILLISSERY KARA, PARAKKADAVU VILLAGE, PIN - 683572
3. RYNO, AGED 40 YEARS, S/O.VARGHESE, PANAKKAL HOUSE, ELAVOOR
KARA, PARAKKADAVU VILLAGE, PIN - 683572
4. MARTIN, AGED 40 YEARS, S/O.AUGUSTHY, BHARANIKULANGARA HOUSE,
KUNNAPPILLISSERY KARA, PARAKKADAVU VILLAGE, PIN - 683572
5. JINTO, AGED 37 YEARS, S/O.MATHAI, CHAKYATHU HOUSE, KUNNAPPILLISSERY
KARA, PARAKKADAVU VILLAGE, PIN - 683572
RESPONDENTS/RESONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2. DY. SUPERINTENDENT OF POLICE OFFICE OF THE DY. SUPERINTENDENT OF
POLICE, ALUVA, PIN - 683101
3. ANEESH, AGED 32 YEARS, S/O. THANKAPPAN, KULACHALTHARA VEEDU, NEAR
DEIVATHANPADY SHOP, KUNNAPPILLISSERY KARA, PARAKKADAVU
VILLAGE, ERNAKULAM DISTRICT, PIN - 683572
Application praying that in the circumstances stated therein the
High Court be pleased to the case number of the trial court may kindly be
corrected as S.C.No.936 of 2021 in all the mistaken portions of the
judgment wherever it occurs.
This Application again coming on for orders upon perusing the
application and this court's Final order dated 29/11/2022 in
Crl.M.C.NO.3156/2022 and upon hearing the arguments of M/S JAISON JOSEPH,
M.N.SANJITH, A.P.SATHIAN, SMITHA C.GOPI, Advocates for the petitioners and
of Public Prosecuor for the R1 & R2 and of SOORAJ S,NEETHU M.S Advocates
for the 3rd respondent, the court passed the following:
A. BADHARUDEEN, J.
----------------------------------------
Crl.M.A.No. 2 of 2022
in
Crl.M.C.No. 3156 of 2022 (Disposed)
---------------------------------------------------
Dated this the 18th day of January, 2023
ORDER
This is a petition filed to correct the case number referred
in the order dated 29.11.2022. The case No., viz. "S.C.No. 936 of
2020" is referred instead of S.C.No.936 of 2021. Since the same is
an inadvertent mistake and the same requires correction, to give
effect to the order dated 29.11.2022.
2. In fact, the above mistake involves the contribution of the
petitioner also. That is to say, in the docket sheet of the Crl.M.C., the
petitioner himself stated the case No. as 'S.C.No.936 of 2020' but in
the petition the same is referred as 'S.C. No. 936 of 2021'.
Therefore, it is ordered that S.C. No.936 of 2020 referred
in the order dated 29.11.2022 in Crl.M.C. No. 3156 of 2022 shall be
read as S.C. No. 936 of 2021 and append this order also as part of
the original order and communicate the same to the Courts
concerned.
Sd/-
A. BADHARUDEEN JUDGE SK
18-01-2023 /True Copy/ Assistant Registrar
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