MUMBAI: Observing that no one should suffer for a mistake of the court, a sessions court has directed a magistrate’s court to reconsider its decision rejecting a 28-year-old man’s plea seeking correction of a typo made in his first name in a 2014 judgment acquitting him of assault charges.
While the man’s first name was Faizan, the judgment incorrectly spelt it as ‘Faujan‘. Faizan Shaikh said the clerical mistake had cost him dearly, making him unemployable. The magistrate’s court had rejected his plea for correction in February, citing a delay of seven years in moving the plea, and also reasoned that his name was spelt as ‘Faujan’ in the chargesheet.
“The mistake in first name of the applicant has prejudiced him and according to him, he is facing difficulty in securing employment though being acquitted from the matter. It is a settled position of law that no one should suffer for a mistake of the court,” the sessions court said.
Faizan Shaikh had moved the magistrate’s court in January. His plea to correct the error was rejected by the magistrate’s court on February 24. He then moved the sessions court. His lawyer told the court that the magistrate had not considered the fact that through a letter dated February 8, the police station had admitted that there was a mistake in recording first name.
The lawyer said Shiakh would be seriously prejudiced if the correction was not made. He also said Shaikh was facing difficulty in securing employment, despite being acquitted.
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