Neutral Citation No. - 2025:AHC:84868 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 15694 of 2025 Applicant :- Smt Abhilasha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Pal Singh Jadaun,Seema Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Shri Jitendra Pal Singh Jadaun, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the entire criminal proceedings against the applicant of the charge sheet no.37/2024 dated 22.1.2024 pertaining to Case crime no.385/2023 under Section 67 I.T. Act, Police Station Kankarkhera, District Meerut (CaseNo.12415/2024 State vs. Smt. Abhilasha) as well as summoning order dated 25.6.2024 passed by the learned Chief Judicial Magistrate, Meerut pending in the aforesaid court. 3. In compliance to order 6.5.2025, specific letter received from learned District Judge, Meerut dated 13.5.2025 and letter dated 9.5.2025 submitted by learned Chief Judicial Magistrate before learned District Judge, Meerut is available in the records. 4. By bare perusal of both the letters i.e, dated 13.5.2025 as well as 9.5.2025 it is crystal clear that Section 67Act IPC mentioned in the cognizance order dated 25.6.2024 has been treated as clerical error. The outcome of the clerical error as submitted by learned District Judge as well as learned Chief Judicial Magistrate is wastage of near about 2 years and putting the applicant into un-necessary trouble in shape of expenses, permanent mental worries as well as delay in proceedings ensured by Legislature within the shortest span of time. 5. The slightest error specifically in judicial orders cannot be accepted and the same cannot be said to be a clerical one since the orders which are being signed by any Judicial authority is supposed to be examined thoroughly and even the mistake of coma/full stop may vary the essence of the entire order herein case above. 6. Section 67 I.T. Act has been mentioned as 67 Act IPC which shows complete carelessness of learned Chief Judicial Magistrate, Meerut which does not come under the ambit of clerical mistake. This clerical mistake rises cause of action in favour of the applicant for filing instant application which incurred heavy fee from learned counsel appearing before High Court of Judicature at Allahabad, traveling and other expenses, un-necessary burden over the litigants on the other side. The complete machinery established for prosecution was facing problem in defending order dated 25.6.2024 through which cognizance of offence has been taken up by learned court of Chief Judicial Magistrate, Meerut. Since no justification has ever been submitted by learned AGA that whether any cognizance of offence can be taken up in pursuance to Section 67 Act IPC since no such section is available under the Act of IPC or whatsoever it may be as mentioned by learned Chief Judicial Magistrate, Meerut. Reply submitted by learned Chief Judicial Magistrate shows half-hearted careless attitude while dispensing judicial duties which is the intense most and has to be carried out with full care. The error apparent on the face of record by perusal of order dated 25.6.2024 cannot be avoided in shape of clerical mistake and as such order dated 25.6.2024 passed by the learned Chief Judicial Magistrate, Meerut is hereby set aside. 7. Instant application is allowed accordingly. 8. Observations made above in respect of reply submitted by learned Chief Judicial Magistrate vide letter dated 9.5.2025 be placed before Hon'ble Administrative Judge, Meerut. 9. Registrar (Compliance) is hereby directed to ensure service of this order upon Hon'ble Administrative Judge, Meerut, learned District Judge, Meerut as well as learned Chief Judicial Magistrate, Meerut. Order Date :- 20.5.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad