Haji Kayyum @ Kayyum And ORS v. The Union Of India Through The Director, Directorate Of Revenue Intelligence, Regional Unit, Patna

Patna High Court Cr.Misc. No.3099 of 2015 (2) dt.21-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3099 of 2015 ======================================================

1. Haji Kayyum @ Kayyum, son of Haji Mujib @ Mohd. Ayub @ Ayub, resident of village-Tikra Usma, P.S. Jaidpur, District Barabanki (U.P.)

2. Haji Mujib Pinda @ Md. Mujib, son of Haji Mujib @ Mohd. Ayub @ Ayub, resident of village-Tikra Usma, P.S. Jaidpur, District Barabanki (U.P.)

3. Md. Siraj, son of Mubin, resident of village Tikra Usma, P.S. Jaidpur, District Barabanki (U.P.) .... .... Petitioner/s

Versus

The Union of India through the Director, Directorate of Revenue Intelligence, Regional Unit, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anjum Perveen For the Opposite Party/s : Mr. Sanjay Kumar (Asg) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. It is submitted that father's name of petitioners no. 1 and 2 has wrongly been given in complaint petition as Haji Mujib whereas the father's name of petitioners no. 1 and 2 is Haji Mujib @ Mohd. Ayub @ Ayub and at the time of filing Cr. Misc. No. 51820 of 2014 inadvertently the father's name of petitioners no. 1 and 2 was typed as Haji Mujib in stead of Haji Mujib @ Mohd. Ayub @ Ayub and when the petitioners no. 1 and 2 went to surrender before the court of learned Additional Sessions JudgeVII-cum-Special Judge, N.D.P.S, Patna in Special Case No. 15 of

Patna High Court Cr.Misc. No.3099 of 2015 (2) dt.21-01-2015 2014 and disclosed their father's name, the concerned court refused to accept the bonds of the petitioners on the grounds that their fathers name does not tally with the complaint petition and accordingly, it is prayed that the petitioners no. 1 and 2 be permitted to make necessary correction in their father's name in Cr. Misc. No. 51820 of 2014 and the correction should also be made in title cause of order dated 05.01.2015 passed in Cr. Misc. No. 51820 of 2014.

Petitioners are permitted to make necessary correction in Cr. Misc. No. 51820 of 2014 within course of the day and similarly, in title cause of order dated 05.01.2015 passed in Cr. Misc. No. 51820 of 2014, the father's name of petitioners no. 1 and 2 be read as Haji Mujib @ Mohd. Ayub @ Ayub in place of Haji Mujib and furthermore, time for surrender before the concerned court is extended for further two weeks from today. In the aforesaid manner, this modification petition stands disposed of.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T