RAJESH CHANDRA, J. - (1.) THIS Criminal Misc. Correction Application No. 26950 of 2010 has-been moved with a prayer that the order dated 23.3.09 i passed in Criminal Misc. Application No. 33249/09, Mohd. Yameen and another v. State ofU.P. and another may be recalled.
(2.) A perusal of the record shows that after the filing of the charge sheet in Crime No. 390/08 under Sections 420,467,471 and 120-B, IPC, PS Civil Lines, District Meerut in the Court of Addl. CJM 1st, Meerut, the applicants filed Criminal Misc. Application No. 33249/09, under Section 482, Cr.P.C. to quash the said ( charge sheet. That petition was finally disposed of vide order dated 23.3.2009. Now the counsel for the applicants by way of this correction application No. 26950/10 wants that the said order may be recalled. I have heard learned counsel for the applicants as well as the learned AGA. In respect of the said controversy, a reference made to Section 362 of i Cr.P.C., which runs as under: "Court not to alter judgment - Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct or clerical or arithmetical error."
(3.) A perusal of the said section makes it clear that once the judgment or final order disposing of a case has been signed by a Court, it will not be altered or reviewed except for correcting a clerical or arithmetical error. The Hon'ble Apex Court in SurajDeviv. Pyare Lal, 1981 Cr. L.J. 269 has observed that a clerical or arithmetical error is an error occasioned by an accidental slip or omission of the Court. It represents that which the Court never intended to say. It is an error apparent on the face of the record and does not depend for its discovery on argument or disputation. An arithmetical error is a mistake of calculation, and a clerical error is a mistake in wring or typing. In view of the above observations, it is clear that under Section 482, Cr.P.C. only clerical or arithmetical errors can be corrected.;