Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 172295 (ALL)

SHYAM SUNDAR v. STATE OF U.P. AND ANOTHER

NA528/41258/2025 · 2025-10-27

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41258 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A for the State. 2. The present application has been filed by applicants for quashing the Civil to quash the impugned order dated 07.03.2025 passed by Additional Civil Judge (S.D.)-II/Additional Chief Judicial Magistrate, Bhadohi Gyanpur in Complaint Case No.977 of 2023 (Vinod Kumar Dubey Vs. Shyam Sundar) as well as order dated 11.09.2025 passed by Sessions Judge, Bhadohi in Criminal Revision No.32 of 2025 (Shyam Sundar Vs. State of U.P. and another) under Section 138 N.I. Act, Police Station-Suriyavan, District- Bhadohi. 3. It is submitted by learned counsel for applicant that by means of impugned order dated 7.3.2025, amendment application filed by complainant has been allowed on the ground that amendments are formal in nature as by mistake Branch has been shown as Suriyavan instead of Birampur. The trial court allowed the aforesaid application treating the aforesaid mistake as a clerical mistake as in the legal notice the Branch has been stated as Birampur. The applicant has filed revision before the revisional court, which has been rejected by impugned order dated 11.9.2025. 4. It is to be seen that revisional court has taken notice of the fact that notice sent to the accused also state the Branch as Birampur and on the aforesaid basis, it has been held that there was clerical mistake in the typing in the complaint, as such, amendment was found to be tenable. The other argument raised by learned counsel for applicant is that there is no provision for Versus Counsel for Applicant(s) : Prem Prakash Counsel for Opposite Party(s) : G.A. Shyam Sundar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) amendment in the law. It is to be seen that clerical errors can always be corrected more particularly when the matter is at primary stage. The trial court and revisional court had recorded a finding that the case is at the stage of Section 244 Cr.P.C. 5. In view of the fact that amendment is for correcting the clerical error in typing, this Court does not deem it proper to interfere in the impugned order. 6. Accordingly, the application under Section 528 BNSS is dismissed. October 28, 2025 D. Tamang NA528 No. 41258 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad