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Patna High CourtCR. MISC./20571/2023allowed

Md Mustaque v. The State Of Bihar

2023-04-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20571 of 2023 In CRIMINAL MISCELLANEOUS No.56938 of 2022 Arising Out of PS. Case No.-241 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Md Mustaque Son Of Md. Kayum Resident Of Village- Bishunpur, PsKusheshwar Asthan, Distt- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-04-2023 The present petition has been filed for modification of the order dated 07.02.2023 passed in Cr. Misc. No. 56938 of 2022.

It is submitted by learned counsel for the petitioner that petitioner had no knowledge that case has already been transferred from the Court of learned SubDivisional Judicial Magistrate, Biraul, Darbhanga to the Court of learned Special Judge(POCSO), Darbhanga. Hence, in the last paragraph of the order dated 07.02.2023, it has been mentioned as Sub-Divisional Judicial Magistrate, Biraul, Darbhanga.

Patna High Court CR. MISC. No.20571 of 2023(2) dt.05-04-2023 2/2 Learned counsel for the petitioner is permitted to make necessary correction in the main petition. In view of the above, let the last paragraph of the order dated 07.02.2023 be read as 'to the satisfaction of learned Special Judge (POCSO), Darbhanga instead of Sub-Divisional Judicial Magistrate, Biraul, Darbhanga.

The order dated 07.02.2023 passed in Cr. Misc. No. 56938 of 2022 stands modified to the extent as indicated above.

Accordingly, the petition stands allowed.

(Sunil Kumar Panwar, J) Shageer/- U T