The court will hear the ASI's plea on Wednesday as it was adjourned for the day on Tuesday due to the death of an advocate.
The Lucknow bench of the Allahabad High Court has ruled that errors and omissions in criminal proceedings could be rectified even at the stage of revision and appeal.
A single-bench of Justice Shree Prakash Singh observed on Monday, “This court is of the opinion that error and omission in ‘charge’ can be rectified, if no material prejudice is caused to the accused.”
“It is also a law that incorrectness in framing of ‘charge’ would not vitiate the conviction if no prejudice is caused to the accused as the procedure prescribed in CrPC is with object to fulfil the ends of interest of justice and not to frustrate it on the ground of endless technicalities,” added the court.
The court passed the order while hearing a petition of Mohammad Khalid who is facing trial in an NDPS Act case in the district court.
During framing of charges in the trial court, inadvertently the name of Mohammad Khalid was omitted in the order. However, the mistake was later rectified and his name was added.
The petitioner had challenged this rectification in high court.
Dismissing the petition, the court stated that it does not find any error and unlawfulness in the trial court’s decision to rectify the order and added the petitioner’s name in the revised order.
“There is no merit in this application. Resultantly, the application is hereby dismissed,” said the court.