
The Orissa High Court has held that a minor typographical error in a chargesheet mentioning Section 193(8) of the BNSS instead of the correct Section 193(9) does not render the entire investigation illegal.
Justice Savitri Ratho clarified that when there is prima facie evidence of serious offences under IPC Sections 498A, 313, and 34, a mere clerical error is not enough to quash the proceedings.
The court also relied on the Supreme Court’s judgment in CBI v. Kapil Wadhawan (2024), which ruled that cognisance taken by a magistrate remains valid even if further investigation is pending.
Accordingly, the High Court dismissed the petition to quash the chargesheet or stay the trial, reinforcing that technical lapses cannot override substantial justice.
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