Sudhir Prasad Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No 8293 of 2014 ====================================================== Sudhir Prasad Sharma, Son of Ram Prasad Sharma resident of Village- Baini Mandal Tola, Bariyarpur, P.S- Bariyarpur, District- Munger at Present working as Sepoy in Railway Police, Jamalpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Director General of Police, Bihar, Patna 2.

The Deputy Inspector General of Police, Railway, Jamalpur. 3.

The Superintendent of Police, Railway, Jamalpur. 4.

The Deputy Superintendent of Police, Railway, Jamalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

M/s R C Sinha, Shashi Chandra Pandey, Advocates For the Respondent/s :

Mr Anil Kr Singh, GP XXVI ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 07-03-2019 Matter has been listed under the heading To Be Mentioned due to certain apparent typographical errors having crept into the judgment dated 07.01.2019 disposing of the writ petition. The same was rectified under order dated 01.02.2019. However, the order of 01.02.2019 also was insufficient so as to effect the necessary corrections in the judgment dated 07.01.2019. The errors, which are apparent in the said judgment and order, therefore, are still required to be rectified so that the petitioner and other parties can obtain the correct order with the correct details. The correction is also necessary since as a result of the typographical errors and errors in uploading the judgment dated 07.01.2019 in the instant case, the judgment has wrongly

Patna High Court CWJC No.8293 of 2014(3) dt.07-03-2019 2/3 been uploaded in the case of Anup Kumar -Versus- State of Bihar & Others whose writ petition was bearing CWJC No 8239 of 2014. The said situation has arisen because the Case Information System (for brevity, CIS) has captured the name of the petitioner Anup Kumar (supra), petitioner of CWJC No 8239 of 2014 in the judgment dated 07.01.2019, even though no such order has been passed in the case of Anup Kumar (supra). In order to put at rest the peculiar defects having arisen in the judgment dated 07.01.2019 and order dated 01.02.2019, this Court would reproduce the judgment dated 07.01.2019 passed in the instant case and direct that the judgment dated 07.01.

2019 be read as follows: "It is submitted by counsel for the petitioner that direction for consequential relief is contained in the order dated 12.08.2010 passed on the petitioner's earlier writ petition bearing CWJC No 7044 of 1997. By making such submission, it is asserted that he will approach the Court under contempt jurisdiction for enforcement of the directions contained in the said order. Without expressing any opinion on the merits of the submissions, writ petition is dismissed with liberty, as prayed by counsel for the petitioner."

In view of the said correction having been effected in the records of CWJC No 8293 of 2014 in the case of Sudhir

Patna High Court CWJC No.8293 of 2014(3) dt.07-03-2019 3/3 Prasad Sharma -Versus- State of Bihar & Others, it is also necessary that the judgment dated 07.01.2019 be deleted from the CIS records of CWJC No 8239 of 2014 in the case of Anup Kumar (supra) as the said case was not considered by this Court on the said date and no orders were passed in the said case. The case details and name of petitioner Anup Kumar (supra) occurred as a result on automation in the CIS, taken note of above.

With the aforesaid modification, the judgment dated 07.01.2019 stands modified, as above.

(Madhuresh Prasad, J) M.E.H./- U