Patna High CourtCR. MISC./6969/2023disposed

Md. Prawez @ Md. Parwez Khan v. The State Of Bihar

2023-02-08Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6969 of 2023 In CRIMINAL MISCELLANEOUS No.23862 of 2022 Arising Out of PS. Case No.-19 Year-2020 Thana- BALIYA District- Begusarai ====================================================== Md. Prawez @ Md. Parwez Khan Son Of Md. Sultan, Resident of VillageNaya Tola, Kasba, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Counsel for the petitioner submits that due to inadvertence on his part Sessions Trial No. 618 of 2022 has been typed in Cr. Misc. No. 23862 of 2022, in result the same Sessions Trial No. 618 of 2022 arising out of Baliya P.S. Case No. 19 of 2020 has been typed in the order dated 03.11.2022 passed in Cr. Misc. No. 23862 of 2022.

Counsel for the petitioner submits that he has filed fresh Cr. Misc. No. 6969 of 2023 only with a prayer seeking modification of order dated 03.11.2022 passed in Cr. Misc. No. 23862 of 2022 where Sessions Trial No. 618 of 2022 has been typed instead of Sessions Trial No. 618 of 2021.

Patna High Court CR. MISC. No.6969 of 2023(3) dt.08-02-2023 2/2 In this view of the matter that it is a bonafide mistake took place in the case number where Sessions Trial No. 618 of 2022 has been typed in place of Sessions Trial No. 618 of 2021 and it could not be rectified at any stage of the case and final order has been passed vide order dated 03.11.2022 passed in Cr. Misc. No. 23862 of 2022.

In the above facts and circumstances, Sessions Trial No. 618 of 2022 shall be read as Sessions Trial No. 618 of 2021 at all the places in the order dated 03.11.2022 passed in Cr. Misc. No. 23862 of 2022.

The order passed today in Cr. Misc. No. 6969 of 2023 shall be part and parcel of the order dated 03.11.2022 passed in Cr. Misc. No. 23862 of 2022.

With this direction, the application is disposed off. (Dr. Anshuman, J.) ravishankar/- U