Patna High CourtCR. MISC./55401/2018allowed

Rakesh Kumar Ojha v. State Of Bihar And ANR

2018-09-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55401 of 2018 ======================================================

1. Rakesh Kumar Ojha, S/o Badrinarayan Ojha, R/o Village- Kolodihari, P.S.- Chauri, District- Bhojpur..... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supply Corporation Ltd. through the District Manager, Bhojpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Niwas Prasad For the Opposite Party/s : Mr. Shyam Bihari Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2018 Learned counsel for the petitioner is permitted to remove the defects No. 14(2) and 14(3) in course of the day. In view of the contentions raised in the modification application, defect No. 14(1) stands ignored. The present modification petition has been filed by the petitioner for correction of the prayer portion of the main petition which has been wrongly typed as 'A.C.J.M.-12th, Ara, Bhojpur' in place of 'Smt. Madhavi Singh, Judicial Magistrate, 1st Class, Patna'.

Learned counsel appearing on behalf of the petitioner submits that factual records of the case has now been transferred to the Court of Judicial Magistrate, 1st Class, Patna, and in the modification application i.e., being filed today, it has

Patna High Court Cr.Misc. No.55401 of 2018 (2) dt.05-09-2018 2/2 been stated that the prayer portion of the main petition may be corrected so as to read as 'to the satisfaction of Smt. Madhavi Singh, Judicial Magistrate, 1st Class, Patna'. It is further submitted that all such rice mills cases from the district have now been transferred to the Special Court at Patna and, therefore, the mistake has cropped up inadvertently.

Learned counsel for the petitioner thus seeks modification/correction of the order dated 16.08.2018. Considering the aforementioned facts and circumstances, let the penultimate paragraph of the second page of order dated 16.08.2018 be read as 'to the satisfaction of Smt. Madhavi Singh, learned Judicial Magistrate, 1st Class, Patna' in place of 'A.C.J.M, 12th, Ara, Bhojpur'.

The modification application stands allowed to the aforementioned extent.

(Anjana Mishra, J) Saif/- U T