Nandu Rai vs State Of Bihar and Ors

Rajeev Ranjan Prasad, J

This review application has been filed for carrying out a correction only with regard to the registration number of the vehicle and the date of lodging of the FIR.

It is submitted that in the judgment dated 05.08.2022 passed by this Court in C.W.J.C. No. 10811 of 2022, the Alto Car registration number has been mentioned as “BR-31B-9378”, whereas the correct registration number of the vehicle is “BR-31R-9378”. It is further pointed out that the date of lodging of the FIR has been mentioned in the judgment as “31.01.2022” whereas the correct date of lodging of the FIR is “03.01.2021”.

Learned counsel for the petitioner submits that the error occurred in the judgment of this Court only because in the writ petition the said typographical error had occurred.

We have considered the submissions made on behalf of the petitioner. It appears that a typographical error in the writ petition has resulted into the same error in the judgment passed by this Court.

We direct that the correct registration number of the vehicle be read as “BR-31R-9378” and the date of lodging of the FIR be read as “03.01.2021”. Wherever the typographical errors have occurred in the judgment dated 05.08.2022 passed by this Court in the said writ petition, the same will be read correctly with the correct registration number and the date of lodging of the FIR.

Although we have directed for the correction as required but we have been informed that because of this typographical error which is of no significance, the vehicle in question has not been released by the District Magistrate/Confiscating Authority.

If it so, this is a matter of concern.

The typographical errors as contained in the judgment of this Court were not such that it could have created any doubt with regard to the identity of the vehicle and the case in connection with which the said vehicle was seized.

The District Magistrate/Confiscating Authority is directed to release the vehicle forthwith by complying with the judgment of this Court within three days from today, falling which he would be answerable for the non-compliance.

The order be communicated to the District Magistrate, Katihar forthwith.

The present petition stands allowed.