Patna High CourtCR. MISC./22371/2017dismissed

Ghuran Tanti @ Dhuran Das v. State Of Bihar And ANR

2017-07-26Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22371 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Saharsa ====================================================== Ghuran Tanti @ Dhuran Das Son of Late Yugeshwar Tanti, Resident of Village- Barahi, P.S. Sour Bazar, District- Saharsa. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Tilo Tanti, Son of Late Rameshwar Tanti, Resident of Village- Barahi (Bharahi), P.S.- Sour Bazar, District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. SMT. ANITA KUMARI For O. P. No. 2 :

Mr. Durgesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2017 Heard learned Counsel for the petitioner, learned Counsel representing Opposite Party No. 2 and learned Additional Public Prosecutor appearing on behalf of the State. Considering the stand taken on behalf of the petitioner of Criminal Revision No. 162 of 2017 that he was willing to execute the sale deed within two months and he had taken the amount from the informant for executing the sale deed, then this Court, without going into the merits of the case, had considered it proper to modify the sentence of imprisonment awarded by the Court below to the period of custody already undergone by the said petitioner.

Patna High Court Cr.Misc. No.22371 of 2017(3) dt.26-07-2017 2/3 The informant has filed the present application seeking recall of the order since the said petitioner of Criminal Revision No. 162 of 2017 has refused to abide by the order, dated 02.03.2017.

The petitioner of Criminal Revision No. 162 of 2017 has been made Opposite Party No. 2 in the present case, who is being represented by Mr. Durgesh Kumar. He has submitted that no such instruction was ever given to the Counsel representing the Opposite Party No. 2 herein in Criminal Revision No. 162 of 2017.

In view of incorrect submission having been made, the Court passed the order, dated 02.03.2017, Mr. Durgesh Kumar submits.

The order, dated 02.03.2017, passed in Criminal Revision No. 162 of 2017, having been obtained by fraud, is hereby recalled.

Let Criminal Revision No. 162 of 2017 be placed under the heading 'For Admission' on 02nd August, 2017. The petitioner of Criminal Revision No. 162 of 2017 is directed to surrender before the learned Court below for being taken into custody in connection with G. R. No. 912 of 2008/Trial No. 2010 of 2013, in the mean while.

Patna High Court Cr.Misc. No.22371 of 2017(3) dt.26-07-2017 3/3 This application stands allowed.

(Chakradhari Sharan Singh, J.) U √ T √ Prabhakar Anand/-