Rakesh Kumar & Anr. v. State of NCT of Delhi & Anr.

Delhi High Court · 30 Jan 2024 · 2024:DHC:498
Navin Chawla
CRL.M.C. 481/2024
2024:DHC:498
criminal other Procedural

AI Summary

The Delhi High Court corrected a clerical error in its judgment to accurately state that a statement was recorded under Section 161 Cr.P.C., not Section 164, and disposed of the application accordingly.

Full Text
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CRL.M.C. 481/2024
HIGH COURT OF DELHI
Date of Decision: 30.01.2024
CRL.M.C. 481/2024
RAKESH KUMAR & ANR. ..... Petitioners
Through: Mr.Abhimany Yadav, Adv.
VERSUS
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Shoaib Haider, APP
WITH
ASI Vinod Kumar.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J. (ORAL)
CRL.M.A. 2906/2024
JUDGMENT

1. This application has been filed seeking correction of a clerical error in the judgment/order dated 22.01.2024.

2. It is stated that the statement of the respondent no.2 was recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) and not under Section 164 of the Cr. P.C., as has been mentioned in the paragraph 6 of the said judgment.

3. Accordingly, the judgment dated 22.01.2024 shall stand modified to the limited extent that in paragraph 6 of the same, the reference to the statement of the respondent no.2 shall be read as ‘her statement recorded under Section 161 of the Cr. P.C’. The same shall now read as under: “6. The learned counsel for the petitioners further submits that even as per the allegations CRL.M.C. 481/2024 made by the respondent no.2 in her statement recorded under Section 161 of the Cr.P.C., the entire cause of action, if any, had taken place at Jind, Haryana and, therefore, there would be lack of territorial jurisdiction as far as the subject FIR is concerned.”

4. The application is disposed of accordingly.

5. This order be uploaded as a corrigendum of the judgment dated 22.01.2024.