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Judgment
Power filed by Sri Suresh Chandra Shukla on behalf of opposite party No. 2 is taken on record.
Heard Learned Counsel for the parties.
Submission of Learned Counsel for the Petitioner is that after disposal of the revision by means of order dated 14.1.2011, an application u/s 362 Code of Criminal Procedure. was moved with the prayer that the clerical error as occurred in the judgment on account of which a perverse finding has been recorded which is contrary to the record may be corrected. The said application has been rejected with the observation that it will amount to review of the order. Submission is that the Petitioner has only prayed that the contents of the supplementary charge sheet admit the Will and the said fact may correctly be recorded so that the Petitioner''s case may not be prejudiced in future on account of the finding recorded which is contrary to the contents of the supplementary charge sheet in regard to the authenticity of the Will.
Learned Counsel for opposite party No. 2 has submitted that the application has rightly been rejected and the supplementary charge sheet does not indicate anything which may support the Petitioner. He also states that there is no dispute in regard to the validity of the Will in these proceedings.
I have perused the order passed by the revisional court as well as the order rejecting application moved u/s 362 Code of Criminal Procedure. Learned Counsel for the Petitioner has drawn the attention of the court towards the supplementary charge sheet and at page 50 of the petition, it is evident that the SIS after investigation has found the Will executed in favour of the Petitioner to be genuine. The observation made in the order dated 14.1.2011 is to the effect that SIS while investigating the offence has found the charge sheet submitted earlier to be correct.
The only controversy revolves around the fact as to whether the said observation will prejudice the case of the Petitioner in future or not.
Since the supplementary charge sheet itself goes to indicate that the Will has been found to be executed, therefore, the order dated 14.1.2011 is modified to the extent that the Will will be read in the manner, which has been found to be executed during the investigation of the SIS. The Will will be read in the said form and the observation of the revisional court to that extent is modified.
The petition is accordingly disposed of.