Kripa Shankar Dubey And ORS. v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35189 of 2015 (2) dt.26-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 35189 of 2015 ===================================================

1. Kripa Shankar Dubey Son of Awadhesh Dubey.

2. Awadhesh Dubey, Son of Late Chadradeep Dubey.

3. Alakh Devi, Wife of Awadhesh Dubey, All are residents of Village - Ojha Bigha, P.S.- Kaler, District - Arwal. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Seema Devi, D/o Late Devendra Pandey, Resident of Village - Sukha Nandan Chack, P.S. - Kadauna, District -Jehanabad. .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Dubey, Adv. For the Opposite Party/s: Mr. Suresh Pd. Singh (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 02.

26.08.2015 This is an application for modification of the order dated 19.02.2015 passed in Cr. Misc. No. 21129 of 2012. It has been submitted that the Petitioner No. 3 is the mother-in-law but due to inadvertence in the order dated 19.02.2015 passed in Cr. Misc. No. 21129 of 2012 the order of cognizance dated 07.04.2011 has been set aside so far as the Petitioner No. 2 is concerned whereas it should also been Petitioner No. 3.

The order is modified to the extent that the order of cognizance dated 07.04.2011 be also set aside so far as the Petitioners No. 2 & 3 is concerned.

The Modification Application stands allowed.

Let this order be communicated to the Sub-Divisional Judicial Magistrate, Jehanabad through FAX at the cost of the Petitioner in connection with Tr. No. 1651 of 2011 arising out of Complaint Case No. 65 of 2011.

Vikash/- (Anjana Prakash, J.) U T