Patna High CourtCR. MISC./41101/2016allowed

Md. Salam And ANR v. State Of Bihar And ANR

2016-10-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41101 of 2016 ======================================================

1. Md. Salam Son of Wali Mohammad

2. Wali Mohammad son of Ali Hussain Both residents of Village & P.S.- Patepur, Dist- Vaishali. .... .... Petitioners

Versus

1. The State of Bihar.

2. Bijay Kumar Jalan son of Late Govind Prasad Jalan, Proprietor Mithila enterprises, Resident of Gola Road, Tatia Colony, P.S.- Samastipur, Distt.- Samastipur.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-10-2016 Learned counsel for the petitioner is permitted to make necessary correction in the cause-title of the application in the course of the day.

This application under Section 482 of the Code of Criminal Procedure has been filed for modification in the causetitle of the order dated 24.05.2016 passed in Cr. Misc. No. 21252 of 2016.

It is submitted that in Cr. Misc. No. 21252 of 2016, due to typographical mistake, the name of father of petitioner no. 1 was typed as Bali Mohammad in place of Wali Mohammad and the name of petitioner no. 2 was typed as Bali

Patna High Court Cr.Misc. No.41101 of 2016 (2) dt.05-10-2016 2/2 Mohammad in place of Wali Mohammad in the cause-title. It is contended by Mr. Anil Kumar, learned counsel for the petitioner that due to aforesaid typographical error in the cause-title, the petitioner no. 2 could not surrender before the court below in time.

Learned counsel for the State does not oppose the modification application.

Considering the submissions made above, let the name of 'Bali' be read as 'Wali' in the cause title of the order dated 24.05.2016 passed in Cr. Misc. No. 21252 of 2016. The period of six weeks granted for surrender of the petitioners before the court of Chief Judicial Magistrate, Samastipur is also extended by further four weeks.

Let a copy of this order be communicated to the court below forthwith.

(Ashwani Kumar Singh, J.) Kanchan/- U T